Penal Code § 49.04 · Class B misdemeanor

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.

$2,000
Median cash bail
19%
Released on personal bond
159,976
Bail records
29%
Not convicted
339 days
Median time to disposition

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 asShare of bail recordsPossible confinementFineSource
Class B misdemeanor100% 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.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
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 71,958 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), 93% have reached a disposition:

29%
Not convicted (20,582)
Dismissed by the prosecutor28%
Dismissed after a diversion program0%
Dismissed, but convicted on a companion charge0%
Dismissed — refiled or handled in another case0%
No-billed by the grand jury0%
Acquitted at trial0%
21%
Deferred adjudication (15,355)
Deferred adjudication21%
49%
Convicted (35,034)
Guilty or no-contest plea45%
Plea to a lesser charge2%
Found guilty at trial0%
Convicted (plea vs. trial not recorded)2%

How long it takes: the median DRIVING WHILE INTOXICATED charge took 339 days from filing to disposition (middle half: 181 – 562 days, 71,953 charges).

CountyDisposedNot convictedDeferredConvictedMedian days
Harris29,121 52%1%47% 424
Dallas11,815 8%32%59% 420
Collin9,891 5%59%37% 146
Denton4,779 3%29%69% 197
Galveston3,910 20%18%44% 314
Williamson3,668 39%24%37% 424
FortBend1,336 43%14%43% 452
Comal1,018 11%52%37% 223
Montgomery621 10%1%90% 209
Bastrop392 18%24%58% 313
Rockwall332 11%32%57% 181
Bell249 1%17%82% 496

Outcome is the final disposition recorded on the charge. “Other” (987) 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.

Recent DRIVING WHILE INTOXICATED cases

CaseCountyFiledDisposedOutcome
25-CCR-248600FortBendMar 3, 2026Aug 28, 2026Guilty or no-contest plea
61,310BastropApr 20, 2026Aug 27, 2026Guilty or no-contest plea
60,238BastropApr 15, 2025Aug 27, 2026Guilty or no-contest plea
CR-2025-09389-EDentonNov 25, 2025Aug 27, 2026Deferred adjudication
25-05830-3WilliamsonOct 10, 2025Aug 27, 2026Guilty or no-contest plea
26-00660-3WilliamsonFeb 9, 2026Aug 27, 2026Guilty or no-contest plea
60,694BastropSep 30, 2025Aug 27, 2026Deferred adjudication
CR-2026-01480-CDentonMar 11, 2026Aug 26, 2026Deferred adjudication
CR-2026-06544-CDentonAug 17, 2026Aug 26, 2026Guilty or no-contest plea
CR-2026-00542-BDentonFeb 4, 2026Aug 26, 2026Guilty or no-contest plea

Related charges

Charged with DRIVING WHILE INTOXICATED?

Find Texas criminal defense attorneys with verified case histories in your county.

Find a Defense Attorney

Bail 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.