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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)
12.16A Instruction—Any Felony Other Than Ordinary State Jail Felony—Enhanced (Two Prior Felonies)
12.16B Instruction—Any Felony Other Than Ordinary State Jail Felony—Enhanced (Two Prior Felonies) (Submission of Lesser Punishment for a Single Prior Found True)
12.17 General Comments on State Jail Felonies
12.18 Instruction—Ordinary State Jail Felony—Unenhanced
12.19A Instruction—Ordinary State Jail Felony—Enhanced (Two Prior State Jail Felonies)
12.19B Instruction—Ordinary State Jail Felony—Enhanced (Two Prior Sequential Felonies)
12.20 Instruction—Aggravated State Jail Felony (By Certain Prior Felony)
12.21A Instruction—Aggravated State Jail Felony (By Certain Prior Felony)—Enhanced (One Prior Felony)
12.21B Instruction—Aggravated State Jail Felony (By Certain Prior Felony)—Habitually Enhanced
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

Chapter 12

Punishment Instructions

(Last Updated January 2024)

12.29 Instruction—Misdemeanor Driving While Intoxicated—Enhanced—Alcohol Concentration at or above 0.15

You have found the defendant, [name], guilty of driving while intoxicated with a [blood/breath/urine] alcohol concentration level of 0.15 or more.

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 one year, or
a term of confinement in the county jail for no less than seventy-two hours and no more than one year and a fine of no more than $4,000.

VERDICT

We, the jury, having found the defendant, [name], guilty of the misdemeanor offense of driving while intoxicated with a [blood/breath/urine] alcohol concentration level of 0.15 or more, assess his punishment at: (select one)

___ confinement in the county jail for a term of ________________ (72 hours to 365 days) and no fine.

___ confinement in the county jail for a term of ________________ (72 hours to 365 days) and a fine of $______________ ($4,000 or less).

________________________________
Foreperson of the Jury

________________________________
Printed Name of Foreperson

Comment

Punishment for driving while intoxicated with an alcohol concentration level of 0.15 or above is set out in Tex. Penal Code § 49.04(d). There is no such enhancement for flying, boating, or assembling or operating an amusement ride with an alcohol concentration level of 0.15 or above.