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Traffic Tip: Don't let holiday frivolity result in DWI

By David Brogger
Dec. 9, 2012 at 6:09 a.m.
Updated Dec. 10, 2012 at 6:10 a.m.

This week's traffic tip is in regards to the Texas Penal Code 49.04, Driving While Intoxicated.

Sec. 49.04. Driving while intoxicated: (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

(b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.

(d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person's blood, breath or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.

Sec. 49.01 definitions. "Intoxicated" means:

(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances or any other substance into the body; or

(B) having an alcohol concentration of 0.08 or more.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.55, eff. Sept. 1, 1995.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 960, Sec. 2, eff. September 1, 2011.

Why this specific code and how does it relate to driving in Victoria?

With the holidays already here, I know there are going to be plenty of holiday parties in the upcoming weeks.

There will be good food, good company and, oftentimes, alcoholic beverages. I want to remind everyone of the laws regarding driving while intoxicated as well as the definition of "intoxicated." Before anyone gets behind the wheel after having even a couple of drinks, think about the consequences. Before going out and having a few drinks, identify who will be the designated driver. Remember, the life you save may not be just your own.

The Victoria Police Department Traffic Safety Unit invites citizens to inform us of any traffic issues that you observe. The easiest way to do this is go to our website,, then go to the VPD Customer Service Request tab in the center of the page and follow the directions.

If you have a traffic law question, contact Senior Police Officer David Brogger, Victoria Police Department Traffic Safety Unit, 361-485-3700.



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