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 by changing the classification of offenses under Section 49.04. Specifically, it reclassifies a standard DWI offense from a Class B misdemeanor to a Class A misdemeanor, with a minimum confinement period of 72 hours. Additionally, if a person is found to have an open container of alcohol in their vehicle at the time of the offense, the penalty is elevated to a Class A misdemeanor with a minimum confinement of six days. Furthermore, if a blood, breath, or urine analysis shows an alcohol concentration of 0.15 or more, the offense is classified as a state jail felony instead of a Class A misdemeanor.

The bill also modifies Section 49.09, which addresses repeat DWI offenders. It specifies that if a person has a prior conviction for DWI or related offenses, 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 in law will only apply to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses committed before this date will be governed by the previous law.

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)