DRIVING WHILE INTOXICATED
Driving While Intoxicated in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.
What “DRIVING WHILE INTOXICATED” means
Driving while intoxicated, Texas Penal Code § 49.04, is committed when a person is intoxicated while operating a motor vehicle in a public place. 'Intoxicated,' defined by § 49.01(2), means either 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 having an alcohol concentration of 0.08 or more. The State may prove intoxication under either definition, and the loss-of-faculties theory does not require a chemical test. Under § 49.11, proof of a culpable mental state is not required — the State need not show the person knew or intended to be intoxicated. 'Public place' means any place to which the public or a substantial part of the public has access. This is the baseline Class B misdemeanor form.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Class B misdemeanor | Up to 180 days in county jail | Fine up to $2,000 | Penal Code § 12.22 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
Bail for DRIVING WHILE INTOXICATED in Texas
Across 159,976 Texas bail settings for this charge (172 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $2,000 (middle half: $1,000 – $3,000). 19% of defendants were released on a personal bond, and bail was denied in 2,139 cases. When this was the only charge at booking (100,980 records), the median was $1,500 and 23% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 13,631 | $750 | $500 – $1,500 | 43% | 1% |
| Bexar | 13,427 | $1,200 | $1,000 – $2,000 | 17% | 2% |
| Dallas | 11,893 | $1,000 | $500 – $2,000 | 6% | 1% |
| Travis | 11,146 | $3,500 | $3,000 – $5,000 | 56% | 1% |
| Denton | 8,074 | $2,500 | $1,500 – $2,500 | 1% | 0% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
What usually happens to a DRIVING WHILE INTOXICATED charge
Of 62,518 DRIVING WHILE INTOXICATED charges filed 2019–2023 across 15 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson), 92% have reached a disposition:
How long it takes: the median DRIVING WHILE INTOXICATED charge took 319 days from filing to disposition (middle half: 171 – 531 days, 62,515 charges).
| County | Disposed | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 29,288 | 52% | 1% | 47% | 424 |
| Collin | 9,945 | 5% | 59% | 37% | 146 |
| Denton | 4,810 | 3% | 29% | 69% | 197 |
| Galveston | 3,933 | 20% | 18% | 44% | 313 |
| Williamson | 3,689 | 39% | 24% | 37% | 424 |
| Dallas | 2,005 | 4% | 56% | 39% | 230 |
| FortBend | 1,346 | 44% | 14% | 43% | 452 |
| Comal | 1,028 | 11% | 52% | 37% | 222 |
| Montgomery | 624 | 10% | 1% | 90% | 208 |
| Bastrop | 395 | 18% | 24% | 58% | 315 |
| Rockwall | 333 | 11% | 32% | 57% | 180 |
| Bell | 249 | 2% | 17% | 82% | 499 |
Outcome is the final disposition recorded on the charge. “Other” (840) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.
How real DRIVING WHILE INTOXICATED cases ended
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
Related charges
Charged with DRIVING WHILE INTOXICATED?
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Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.