§ 49.04. DRIVING WHILE INTOXICATED.
(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 Subsection (c) and Section 49.09,
an offense under this section is a Class B misdemeanor, with a
minimum term of confinement of 72 hours.
(c) If it is shown on the trial of an offense under this
section that at the time of the offense the person operating the
motor vehicle had an open container of alcohol in the person's
immediate possession, the offense is a Class B misdemeanor, with
a minimum term of confinement of six days.