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12.1 General Approach to Punishment Stage Instructions
12.2 Short-Form Punishment Ranges on Verdict Forms
12.3 Enhancement
12.4 Instruction—Punishment—General
12.5 Instruction—Jury Punishment on a Plea of Guilty
12.6 General Comments on Community Supervision
12.7 Instruction—Community Supervision—Felony Conviction
12.8 Instruction—Community Supervision—Misdemeanor Conviction
12.9 General Comments—Good Conduct Time and Parole Instructions—Section 3g Offenses and Deadly Weapon Findings
12.10 Instruction—First-Degree Felony—Unenhanced
12.11 Instruction—First-Degree Felony—Enhanced (One Prior Felony)
12.12 Instruction—Second-Degree Felony—Unenhanced
12.13 Instruction—Second-Degree Felony—Enhanced (One Prior Felony)
12.14 Instruction—Third-Degree Felony—Unenhanced
12.15 Instruction—Third-Degree Felony—Enhanced (One Prior Felony)
12.16 Instruction—Any Felony Other Than State Jail Felony—Enhanced (Two Prior Felonies)
12.17 General Comments on State Jail Felonies
12.18 Instruction—State Jail Felony—Unenhanced
12.19 Instruction—State Jail Felony—Enhanced (One Prior Felony)
12.20 Instruction—State Jail Felony—Enhanced (Two Prior State Jail Felonies)
12.21 Instruction—State Jail Felony—Enhanced (Two Prior Felonies)
12.22 General Comments—Instructions on Good Conduct Time
12.23 Instruction—Class A Misdemeanor—Unenhanced
12.24 Instruction—Class A Misdemeanor—Enhanced (One Prior Conviction)
12.25 Instruction—Class B Misdemeanor—Unenhanced
12.26 Instruction—Class B Misdemeanor—Enhanced (One Prior Conviction)
12.27 General Comments on Intoxication Offenses
12.28 Instruction—Misdemeanor [Driving/Flying/Boating/-Assembling or Operating Amusement Ride] While -Intoxicated—Unenhanced
12.29 Instruction—Misdemeanor Driving While Intoxicated—Enhanced—Alcohol Concentration at or above 0.15
12.30 Instruction—Misdemeanor [Driving/Assembling or -Operating Amusement Ride] While Intoxicated—-Unenhanced—Open Container Accusation (Plea of Not True)
12.31 Instruction—Misdemeanor Driving While Intoxicated—Enhanced—Alcohol Concentration at or above 0.15— Open Container Accusation (Plea of Not True)
12.32 Instruction—Misdemeanor [Driving/Assembling or Operating Amusement Ride] While Intoxicated—Unenhanced—Open Container Accusation (Plea of True)
12.33 Instruction—Misdemeanor Driving While Intoxicated—Enhanced—Alcohol Concentration at or above 0.15— Open Container Accusation (Plea of True)
12.34 Instruction—Misdemeanor [Driving/Flying/Boating/Assembling or Operating Amusement Ride] While Intoxicated—Punishment Enhancement (Plea of Not True)
12.35 Instruction—Misdemeanor [Driving/Flying/Boating/Assembling or Operating Amusement Ride] While Intoxicated—Punishment Enhancement (Plea of True)
12.36 Instruction—Misdemeanor [Driving/Assembling or Operating Amusement Ride] While Intoxicated—Punishment Enhancement (Plea of Not True)—Open Container Accusation (Plea of Not True)
12.37 Instruction—Misdemeanor [Driving/Assembling or -Operating Amusement Ride] While Intoxicated—Punishment Enhancement (Plea of Not True)—Open Container Accusation (Plea of True)
12.38 Instruction—Suspension of Driver’s License

CPJC 12-4
CPJC 12-5
CPJC 12-7
CPJC 12-8
CPJC 12-10
CPJC 12-11
CPJC 12-12
CPJC 12-13
CPJC 12-14
CPJC 12-15
CPJC 12-16
CPJC 12-18
CPJC 12-19
CPJC 12-20
CPJC 12-21
CPJC 12-23
CPJC 12-24
CPJC 12-25
CPJC 12-26
CPJC 12-28
CPJC 12-29
CPJC 12-30
CPJC 12-31
CPJC 12-32
CPJC 12-33
CPJC 12-34
CPJC 12-35
CPJC 12-36
CPJC 12-37
CPJC 12-38

Chapter 12

Punishment Instructions

12.28 Instruction—Misdemeanor [Driving/Flying/Boating/Assembling or Operating Amusement Ride] While Intoxicated—Unenhanced

You have found the defendant, [name], guilty of [driving/flying/boating/assembling or operating an amusement ride] while intoxicated.

Relevant Statutes

This offense is punishable by—

a term of confinement in the county jail for no less than seventy-two hours and no more than 180 days, or
a term of confinement in the county jail for no less than seventy-two hours and no more than 180 days and a fine of no more than $2,000.

VERDICT

We, the jury, having found the defendant, [name], guilty of the misdemeanor offense of [driving/flying/boating/assembling or operating an amusement ride] while intoxicated, assess his punishment at: (select one)

___ confinement in the county jail for a term of ________________ (72 hours to 180 days) and no fine.

___ confinement in the county jail for a term of ________________ (72 hours to 180 days) and a fine of $______________ ($2,000 or less).

________________________________
Foreperson of the Jury

________________________________
Printed Name of Foreperson

Comment

Punishment for driving while intoxicated is set out in Tex. Penal Code § 49.04(a)(b). Punishment for flying while intoxicated is set out in Tex. Penal Code § 49.05(b). Punishment for boating while intoxicated is set out in Tex. Penal Code § 49.06(b). Punishment for assembling or operating an amusement ride while intoxicated is set out in Tex. Penal Code § 49.065(b).