Texas Penal Code, § 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 Subsection (c) and § 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.
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