Tx. Penal Code 49.04Not TBWD eligibleDUI
DWI
Driving while intoxicated. Criminal — TBWD not available.
Transportation Code Tx. Penal Code 49.04 — statutory text
Official source ↗(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. (b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
Quoted from the California Legislative Information website. The full section may contain additional subdivisions not reproduced here — click “Official source” for the complete text as currently in force.
Base fine
Varies
Set at sentencing.
DMV points
0
No DMV points.
Filing window
N/A
TBWD not available.
Not eligible for TBWD
Texas does not currently offer a Trial by Written Declaration process. Texas generally requires in-person or telephonic trial; no universal TBWD. We won’t charge you for an ineligible filing.
Defenses our AI considers (14)
- Equipment fixed — correctable violationhistorical success ~80%Equipment violations (window tint, exhaust, lights, plates, wipers, etc.) are correctable in every supported state. Proof of repair signed by a qualified inspector resolves the citation administratively.
- Documentary cure — proof on date of citationhistorical success ~75%Many "failure to produce" charges (insurance, registration, license) are dismissed on proof the document existed and was valid on the date of citation. This is codified in most state fix-it / correctable-violation statutes.
- Defensive-driving dismissal (TX C.C.P. art. 45.0511)historical success ~70%Tex. C.C.P. art. 45.0511 allows eligible defendants to complete an approved driving-safety course in exchange for dismissal of most moving violations under 25 mph over limit. Eligibility depends on license type, prior course completions, and charge.
- Sign obscured, missing, or recently changedhistorical success ~50%A driver cannot be held to a regulation that was not reasonably communicated. An obscured, damaged, missing, or recently-changed sign at the cited location is both a mistake-of-fact defense and a due-process notice defect.
Our AI drafts 3 options per case, tailored to your ticket's facts. You choose or regenerate.