The bill, S.B. No. 2320, aims to increase the criminal penalties for certain driving while intoxicated (DWI) offenses in Texas. It amends the Penal Code to classify a DWI offense as a Class A misdemeanor, with a minimum confinement of 72 hours, unless specific conditions apply. If a person is found to have an open container of alcohol in their vehicle at the time of the offense, the penalty increases to a Class A misdemeanor with a minimum confinement of six days. Additionally, if a blood, breath, or urine analysis shows an alcohol concentration of 0.15 or more, the offense is elevated to a state jail felony.

The bill also modifies the penalties for repeat offenders. It specifies that if a person has previously been convicted of a DWI-related offense, a subsequent 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)