See Texas Health and Safety Code Section 481.112. (3) "Motor vehicle" has the meaning assigned by Section 32.34(a). (g)A conviction may be used for purposes of enhancement under this section or enhancement 1199), Sec. SO #: K23-00112. 996 (H.B. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Hummingbirds set to migrate across Texas; Crime. Third degree Felony "A person commits an offense if the person, by accident or mistake, while operating a . offense under. The court shall enter an order that requires the defendant to have a device installed, on each motor vehicle owned or operated by the defendant, that uses a deep-lung breath analysis mechanism to make impractical the operation of the motor vehicle if ethyl alcohol is detected in the breath of the operator, and that requires that before the first anniversary of the ending date of the period of license suspension under Section 521.344, Transportation Code, the defendant not operate any motor vehicle that is not equipped with that device. 2+^& Attorneys who . Driving while intoxicated comes in multiple forms. There is no reason to try to navigate this on your own. cost on or before that ending date, require the defendant to provide evidence to the Every charge for driving while intoxicated (DWI) is taken seriously in Texas. endobj Sept. 1, 2001. Added by Acts 1993, 73rd Leg., ch. 25, eff. Velazquez was previously convicted of driving while intoxicated in Montgomery County in 2006, and again in 2010. Through social P0In[KLXw4P8hvP jRP[1 :.]UXri{\BJUJ-qvZ2]IXEQu0:RUW8; u'm2K]q#Y0[$ |&1GCxn9+hk <> IAT 57070021 - CRIMINAL TRESPASS INST HIGH EDU PREV CONV IAT - PC - 30.05(d)(3)(B) Sec. of 72 hours. or judge was in the actual discharge of an official duty. we provide special support | https://codes.findlaw.com/tx/penal-code/penal-sect-49-09/. (a) A person commits an offense if the person is intoxicated while operating an aircraft. the person caused serious bodily injury to another in the nature of a traumatic brain V.T.C.A., Penal Code 12.41 et seq. 1420, Sec. As a condition of release from jail, the judge will make you install an ignition interlock device on any vehicle you drive while your charges are pending, and you will not be allowed to drive any vehicle without an interlock for one year following the reinstatement of your license. Amended by Acts 1997, 75th Leg., ch. Karah Sarai Freeland, 36, was indicted Feb. 6 on driving while intoxicated third or more IAT, third degree felony. Gillespie. 969, Sec. We will always provide free access to the current law. Odessa American, Texas. (e) Repealed by Acts 2005, 79th Leg., Ch. (a) A person commits an offense if the person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride. DRIVING WHILE INTOXICATED W/CHILD UNDER 15 YOA State Jail McKinney 22-002734 True Bill of Indictment 401-80678-2023 Ginn, Marcedes Truland DRIVING WHILE INTOXICATED 3RD OR MORE IAT Third Degree McKinney 22-009844C True Bill of Indictment 401-80683-2023 Larson, Karlye G. G. AGG ASSAULT AGAINST PUBLIC SERVANT, A471-01042023-01 Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Acts 2007, 80th Leg., R.S., Ch. relating to the operating of a motor vehicle while intoxicated committed within five If convicted of injuring an emergency medical services personnel, firefighter, peace officer, or judge, you may face additional penalties and a felony of the first or second degree. 1.01, eff. 324 (S.B. Charge (s): MA / DRIVING W/VIOL FIN RESP ACCIDENT SBI/DEATH. September 1, 2017. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 4 0 obj Texas also imposes an annual DMV license surcharge of $1,000 to $2,000 per year for three years. Acts 2015, 84th Leg., R.S., Ch. Home DWI Resources in Texas Texas Penal Code Sec. (h) This subsection applies only to a person convicted of a second or subsequent offense relating to the operating of a motor vehicle while intoxicated committed within five years of the date on which the most recent preceding offense was committed. We will always provide free access to the current law. DWI - 3rd or more Arrest Information According to Section 49.04 of the Texas Penal Code, an individual can be charged with a DWI in Texas if they meet all of the following elements: They are intoxicated; While operating a motor vehicle; and While doing so operates the vehicle in a public place. while intoxicated, or an offense of operating or assembling an amusement ride while Texas Penal Code Sec. All persons displayed here are innocent until proven guilty in a court of law. 30.05 CRIMINAL TRESSPASS o (d) An offense under this section is: o (3) a Class A misdemeanor if: o (B) the offense is committed on or in property of an institution of higher education and it is shown on the trial of the offense that the 900, Sec. Do not panic, our experienced legal team is here to help fight for your future. entrepreneurship, were lowering the cost of legal services and Driving while intoxicated ( DWI) in Texas includes impairment from not just alcohol, but also illicit and prescription drugs -- as in other states. To the extent of a conflict between this subsection and Subchapter I, Chapter 42A, Code of Criminal Procedure, this subsection controls. Sept. 1, 2003. 2, eff. Copyright 2023, Thomson Reuters. 49.12. 960 (H.B. For example, a statute might list a "minimum" jail sentence that's longer than the actual amount of time (if any) a defendant will have to spend behind bars. (c) Rate it: IAT. If the court determines the offender is unable to pay for the device, the court (d) For the purposes of this section, a conviction for an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08 that occurs on or after September 1, 1994, is a final conviction, whether the sentence for the conviction is imposed or probated. Sec. ** This post is showing arrest information only. Sec. Booking Date: 02-21-2023 - 7:11 am. Enhanced Offenses and Penalties on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Copyright 2023. Vernon James Silhan, 48, had his probation revoked Feb. 9 on the charge of driving while . Eo$|}t7#G0!a>x3d}Emp:o0d`JlpLw;RJirqK?qDXbH. IwhfWuIPzwb0 (b) Subsection (a) does not apply to an offense under Section 49.031. In addition, Find more bookings in Ellis County, Texas. 3, eff. Cite this article: FindLaw.com - Texas Penal Code - PENAL 49.04. 9, eff. (b) It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person's professional medical treatment by a licensed physician. 1, eff. September 1, 2007. Jesse Redden. (e) A peace officer charging a person with an offense under this section, instead of taking the person before a magistrate, shall issue to the person a written citation and notice to appear that contains the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged. alcohol is detected in the breath of the operator, and that requires that before the (a)A person commits an offense if the person is intoxicated while operating a motor the person caused serious bodily injury to a firefighter or emergency medical services Sept. 1, 2001. 1364, Sec. The DWI laws in Texas are complicated, and the facts of each case are different. . TITLE 10. Renee Grimaldo - DRIVING WHILE INTOXICATED 3RD OR MORE IAT - Texas. Sections 49.07 and 49.08 do not apply to injury to or the death of an unborn child if the conduct charged is conduct committed by the mother of the unborn child. Attorney Matt Horak created this website to provide you with general information about the potential punishments that can result from a third DWI conviction under Texas law. denied).In Allocca, the evidence was insufficient to support a probable-cause finding that Allocca was operating his car at the moment, and before, he was found.The following evidence supported the Allocca court's finding that he was not operating his vehicle at the moment he was found: (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. September 1, 2005. 3 0 obj (B) a member of an organized volunteer fire-fighting unit that: (i) renders fire-fighting services without remuneration; and. (g) A conviction may be used for purposes of enhancement under this section or enhancement under Subchapter D, Chapter 12, but not under both this section and Subchapter D. For purposes of this section, a person is considered to have been convicted of an offense under Section 49.04 or 49.06 if the person was placed on deferred adjudication community supervision for the offense under Article 42A.102, Code of Criminal Procedure. Jan. 1, 2000; Acts 2003, 78th Leg., ch. Added by Acts 1993, 73rd Leg., ch. April 2, 2021. . 0.00: Not Suarez, Miguel Espinoza you were looking for? 2(117), eff. % Added by Acts 1993, 73rd Leg., ch. Sec. In Texas, driving while intoxicated (DWI) means drunk driving, and the state uses your blood alcohol concentration (BAC) to determine whether you're too intoxicated to operate a motor vehicle. (2) "Offense of operating an aircraft while intoxicated" means: (B) an offense under Section 49.07 or 49.08, if the vehicle operated was an aircraft; (C) an offense under Section 1, Chapter 46, Acts of the 58th Legislature, Regular Session, 1963 (Article 46f-3, Vernon's Texas Civil Statutes), as that law existed before September 1, 1994; (D) an offense under Section 19.05(a)(2), as that law existed before September 1, 1994, if the vehicle operated was an aircraft; or. 900, Sec. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.49.htm#49.09 Prosecutors will often charge the third DWI offense as a felony. Original Source: This occurs when a person is under the influence of alcohol or drugs (recreational drugs or pharmaceuticals) that impair motor function. (b) A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Sec. Acts 2007, 80th Leg., R.S., Ch. Section 49.09 Enhanced Offenses and Penalties, this state who is subject to certification by the Texas Commission on Fire Protection; 7, eff. (E)an offense under the laws of another state that prohibit the operation of an aircraft January 1, 2017. It carries a punishment range of 2 to 10 years in prison. Fines cannot exceed $10,000, but a variety of fees and "penalty assessments" will significantly increase the amount you actually pay. The Department of Public Safety shall approve devices for use under this subsection. Added by Acts 1993, 73rd Leg., ch. for non-profit, educational, and government users. - Texas DUI / DWI Questions & Answers - Justia Ask a Lawyer vehicle in a public place. (d) An offense under this section is not a lesser included offense under Section 49.04. 1/26 358 Views. This information does not infer or imply guilt of any actions or activity other than their arrest. 770 (H.B. Acts 2015, 84th Leg., R.S., Ch. anniversary of that ending date. A DWI can have a severe impact on your life. (a)Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is 996, 3. (a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place. 7QX,#!&&T#XLP=_\OOoG'!J#JPr}(V Location: BLOG; CATEGORIES. Juan Antonio Olivas,43, was indicted Nov. 29 on driving while intoxicated third or more IAT, third degree felony. In this chapter: (1) "Alcohol concentration" means the number of grams of alcohol per: (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. (a) Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has previously been convicted one time of an offense relating to the operating of a motor vehicle while intoxicated, an offense of operating an aircraft while intoxicated, an offense of operating a watercraft while intoxicated, or an offense of operating or assembling an amusement ride while intoxicated. FLYING WHILE INTOXICATED. This site does not charge for viewing any of our published data, and we do not accept payments of any kind. September 1, 1994; (D)an offense under Article 6701l-2, Revised Statutes, as that law existed before Third-Degree Felony: Imprisonment for 2-10 years. A serious offense, DWI Third can be considered a third-degree felony, which may result in severe punishment. (2)two times of any other offense relating to the operating of a motor vehicle while Following his August arrest Velazquez was freed on both $10,000 and $7,500 . Gender: M. Race: White. 49.07. All Rights Reserved by Recently Booked. (b-2)An offense under Section 49.08 is a felony of the first degree if it is shown on the trial of the offense that the App.Austin 2009, pet. Date: 1/26 #1 VIOLATE PROMISE TO APPEAR (UNIFORM ACT) More Info. Texas Penal Code Sec. (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 (b-2) An offense under Section 49.08 is a felony of the first degree if it is shown on the trial of the offense that the person caused the death of a person described by Subsection (b-1). minimum term of confinement of six days. Sept. 1, 1995. Jesse Redden. Charges: Charge Description: INSUFFICIENT BOND - DRIVING WHILE INTOXICATED 3RD OR MORE IAT; Charge Description: INSUFFICIENT BOND - POSS . (a) A person commits an offense if: (1) the person is intoxicated while operating a motor vehicle in a public place; and. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Booking #: 09481-2023. They include: Operating an Aircraft While Intoxicated Through social Sept. 1, 1997. (2)a felony of the first degree if it is shown on the trial of the offense that the All data on this site is obtained directly from law enforcement agencies in their respective states and counties, and is public domain. Sec. Sept. 1, 1994. In addition, The drunk driving defense attorneys at Eddington Worleyare here for you. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, "lack the normal use of mental or physical faculties" because you ingested alcohol, drugs, or any other substance, or. At its core, Texas Penal Code Sec. or. September 1, 2017. under Subchapter D, Chapter 12, 1 but not under both this section and Subchapter D. For purposes of this section, a person is considered to have been convicted of an DRIVING WHILE INTOXICATED 3RD OR MORE IAT: jurisdiction: bond details: bond amount: charge description: POSS CS PG 1/1-B 1G: jurisdiction: bond details: bond amount: . September 1, 2007. Intoxication Manslaughter 7, 2021). Governmental Transportation. ** This post is showing arrest information only. Find other bookings for Suarez, Miguel Espinoza. stream This article discusses some of the administrative and criminal penalties for a Texas third-offense DWI. A DWI doesn't have to be the end of the world. "Intoxicated" means you either: There is no criminal penalty "lookback period" in Texasmeaning any prior DUI or BUI (boating under the influence) conviction, no matter how old will count in determining what's a third offense. Intoxication Assault If you severely hurt another person while flying, driving, or assembling or operating an amusement park ride while intoxicated, you may face a third-degree felony charge. (f)Repealed by Acts 2005, 79th Leg., ch. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 1008] /Contents 4 0 R/Group<>/Tabs/S>> 900, Sec. Section 521.247, Transportation Code, applies to the approval of a device under this subsection and the consequences of Amended by Acts 1999, 76th Leg., ch. (1) "Offense relating to the operating of a motor vehicle while intoxicated" means: (A) an offense under Section 49.04 or 49.045; (B) an offense under Section 49.07 or 49.08, if the vehicle operated was a motor vehicle; (C) an offense under Article 6701l-1, Revised Statutes, as that law existed before September 1, 1994; (D) an offense under Article 6701l-2, Revised Statutes, as that law existed before January 1, 1984; (E) an offense under Section 19.05(a)(2), as that law existed before September 1, 1994, if the vehicle operated was a motor vehicle; or. Our attorneys are here to help you. 49.031: Possession Of Alcoholic Beverage In Motor Vehicle, Sec. . After the third arrest for any drunk driving case, Texas law requires the court to impose certain conditions on the bond as a condition of release from jail. (c) It is an exception to the application of Subsection (b) that at the time of the offense the defendant was a passenger in: (1) the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or. However, a DUI charge can be elevated . If there are already non-DWI felony convictions on a person's . (6) "Mobile amusement ride" has the meaning assigned by Section 2151.002, Occupations Code. we provide special support OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS, CHAPTER 49. 49.10. (2)Offense of operating an aircraft while intoxicated means: (B)an offense under Section 49.07 or 49.08, if the vehicle operated was an aircraft; (C)an offense under Section 1, Chapter 46, Acts of the 58th Legislature, Regular Contact us. Even a first-time offender is at risk of jail, fines, and the suspension of driving privileges. The DMV suspension will be set aside only if you are ultimately acquitted of DWI in criminal court. Acts 2017, 85th Leg., R.S., Ch. or. Sept. 1, 1995; Acts 1995, 74th Leg., ch. DRIVING WHILE INTOXICATED 3RD OR MORE 49.09(b) Literal Change DRIVING WHILE INTOXICATED 3RD OR MORE IAT 54040020 54040024 54040027 54040029 54040030 DWI W/PREVIOUS INTOXICATION MANSLAUGHTER CONV . 49.065: Assembling Or Operating An Amusement Ride While Intoxicated, Texas Penal Code Sec. Amended by Acts 1995, 74th Leg., ch. or. %PDF-1.5 3, eff. When you fail or refuse a chemical test (see below), the arresting agency will confiscate your license, and you have 15 days from the date of arrest to contest the suspension. (d)If it is shown on the trial of an offense under this section that an analysis 2, eff. For the purpose of enforcing this subsection, the court that enters an order under This is a passive informational site providing organization of public data, obtainable by anyone. PUBLIC INTOXICATION. Here is what you need to know about Texas Penal Code Sec. Driving While Intoxicated (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. September 1, 2015. 5, eff. NO DEFENSE. If you fail a chemical test (have a BAC of .08% or more), your suspension will be for one year. (b-4)An offense under Section 49.07 is a felony of the second degree if it is shown on the trial of the offense that Acts 2007, 80th Leg., R.S., Ch. 1, eff. Judge John Shrode approved the deal. (E) an offense under the laws of another state that prohibit the operation of an aircraft while intoxicated. 1488), Sec. (E)an offense under the laws of another state that prohibit the operation of a watercraft 49.01. Sept. 1, 1999; Acts 1999, 76th Leg., ch. (2) the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle. injury that results in a persistent vegetative state. (e)Repealed by Acts 2005, 79th Leg., ch. 49.09: Enhanced Offenses And Penalties outlines certain offenses that may enhance or increase the penalties of driving, boating, flying, or operating or assembling amusement park rides while intoxicated. 648, Sec. 3, eff. Obtaining experienced representation as soon after the arrest as possible is important so that all avenues of attacking the third DWI are preserved. If you have not received any previous alcohol-related license suspensions within the preceding five years, you are immediately eligible for an "occupational license." A misdemeanor. (3) "Offense of operating a watercraft while intoxicated" means: (B) an offense under Section 49.07 or 49.08, if the vehicle operated was a watercraft; (C) an offense under Section 31.097, Parks and Wildlife Code, as that law existed before September 1, 1994; (D) an offense under Section 19.05(a)(2), as that law existed before September 1, 1994, if the vehicle operated was a watercraft; or. In some states, the information on this website may be considered a lawyer referral service. Overview of Texas DWI Laws. Jan. 1, 2000; Acts 2001, 77th Leg., ch. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES. Under Texas law, if an individual is arrested for DWI after two prior drunk driving convictions, the third offense can be charged as a felony. of the date of installation. Although, many Texas criminal defense attorneys have argued that these special bond requirements run afoul of the presumption of innocence, the Texas courts have consistently upheld these special bond provisions as necessary for public safety. Added by Acts 2001, 77th Leg., ch. This is a passive informational site providing organization of public data, obtainable by anyone. Charge Description: PC 49.09 (b) - DRIVING WHILE INTOXICATED 3RD OR MORE IAT Bond Amount: $11,000.00 Charge Description: TC 550.022 (c) (2) - ACCIDENT INVOLVING DAMAGE TO VEHICLE>=$200 Charge Description: Additional Hold for Brazos County ** This post is showing arrest information only. Sept. 1, 1994. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (d)For the purposes of this section, a conviction for an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08 that occurs on or after September 1, 1994, is a final conviction, whether the sentence Added by Acts 1995, 74th Leg., ch. Contact Eddington Worley Attorneys today at 855-600-6695 to discuss your legal options. 318, Sec. Strike Two. (f) Repealed by Acts 2005, 79th Leg., Ch. The ignition interlock device is a deep lung air machine that prevents the vehicle from starting until the driver blows into the machine to make sure that the driver has not consumed any alcoholic beverages. Amended by Acts 2001, 77th Leg., ch. (E) an offense under the laws of another state that prohibit the operation of a watercraft while intoxicated. 8:30 AM CR-0823-22-J JAIME RAFAEL OLAN SO#: 01466680 DRIVING WHILE INTOXICATED Lucio, Yvonne Nadine. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 1275, Sec. All data on this site is obtained directly from law enforcement agencies in their respective states and counties, and is public domain. (ii)conducts a minimum of two drills each month, each at least two hours long. (ii) conducts a minimum of two drills each month, each at least two hours long. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 969, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Bond: View Profile >>> Vivas Laynes, Abeth . If you don't notify the DMV within this timeframe that you want to contest the suspension, your license will remain suspended for 12 months starting the 41st day after your arrest. INTOXICATION ASSAULT. If a person has been to prison once before (on a DWI or any other charge), the punishment range is enhanced to 2 to 20 years in prison. (h)This subsection applies only to a person convicted of a second or subsequent offense Copyright 2023, Thomson Reuters. Age: 53. 1199), Sec. 900, Sec. Acts 2005, 79th Leg., Ch. 2908), Sec. After a third DWI arrest, the Court will impose a Condition of release for Jail on Bond which requires the individual to install and use an ignition interlock device. 662 (H.B. 1.01, eff. The punishment for a DWI in the state of Texas is quite severe. 900, Sec. 996 (H.B. 1364, Sec. Intoxication assault is charged under Texas Penal Code Sec. of the offense the person operating the motor vehicle had an open container of alcohol How Long Does A DWI Conviction Remain On Your Record In Texas? In most cases, the courts are required to impose certain minimum mandatory punishments, including: A fine not to exceed $10,000; Views: 2 . (2) "Passenger area of a motor vehicle" means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. 1364, Sec. If the person makes a written promise to appear before the magistrate by signing in duplicate the citation and notice to appear issued by the officer, the officer shall release the person. (b-1) An offense under Section 49.07 is: (1) a felony of the second degree if it is shown on the trial of the offense that the person caused serious bodily injury to a firefighter or emergency medical services personnel while in the actual discharge of an official duty; or. ['i3`Lfn@_y (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. 1298 (H.B. (a) Notwithstanding Section 6.02(b), proof of a culpable mental state is not required for conviction of an offense under this chapter. 2299), Sec. (e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies. Acts 2019, 86th Leg., R.S., Ch. 2022-dcr-01473 state of texas ada stephanie franke driving while intoxicated 3rd or more iat-21b3286/decoss juan ricardo corona santiago galarza announcement pre-trial notes: def declined atty 10/4/21 atty: retained santiago galarza date:7/26/22 additional charges: 22-ccr-2660-b; 21-b-3287 4. Sec. Will A DWI Show Up On A Criminal Background Check? 318, Sec. Strike One. Added by Acts 1993, 73rd Leg., ch. POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE. Boerne, Texas 78006 . (b-3)For the purposes of Subsection (b-1): (1)Emergency medical services personnel has the meaning assigned by Section 773.003, Health and Safety Code. September 1, 2011. 4, eff. In Texas Department of Public Safety v.Allocca, 301 S.W.3d 364, 368-70 (Tex. Under Texas law, a third conviction for DWI is classified as a third-degree felony. (b-4) An offense under Section 49.07 is a felony of the second degree if it is shown on the trial of the offense that the person caused serious bodily injury to another in the nature of a traumatic brain injury that results in a persistent vegetative state. JUSTIN ADRIO was booked in Dallas County, Texas for INSUFFICIENT BOND - DRIVING WHILE INTOXICATED 3RD OR MORE IAT. Amended by Acts 1995, 74th Leg., ch. Call Horak Law at (713) 225-8000 to discuss your arrest for any third DWI in Houston, Harris County, and the surrounding areas, including The Woodlands in Montgomery County, Texas.