Senate Bill No. 2320 aims to increase the criminal penalties for certain driving while intoxicated (DWI) offenses in Texas. The bill amends Sections 49.04 and 49.09 of the Penal Code, changing the classification of offenses. Specifically, it reclassifies a standard DWI offense from a Class B misdemeanor to a Class A misdemeanor, which carries a minimum confinement term of 72 hours. Additionally, if a person is found to have an open container of alcohol while operating a vehicle, the offense remains a Class A misdemeanor but increases the minimum confinement to six days. Furthermore, if a person's blood alcohol concentration is 0.15 or higher, the offense is elevated to a state jail felony, replacing the previous classification of a Class A misdemeanor.

The bill also modifies the penalties for repeat offenders. Under the new provisions, if an individual has a prior conviction related to operating a vehicle while intoxicated, the penalties for subsequent offenses are adjusted. Specifically, a repeat DWI offense under Section 49.04 will be classified as a state jail felony, while offenses under Sections 49.05, 49.06, or 49.065 will remain Class A misdemeanors with a minimum confinement of 30 days. The changes will only apply to offenses committed on or after the effective date of the Act, which is set for September 1, 2025.

Statutes affected:
Introduced: Penal Code 49.04, Penal Code 49.09 (Penal Code 49)
Senate Committee Report: Penal Code 49.04, Penal Code 49.09 (Penal Code 49)
Engrossed: Penal Code 49.04, Penal Code 49.09 (Penal Code 49)