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Sept. 1, 1999; Acts 1999, 76th Leg., ch. (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. A conviction for a felony DWI charge will have far greater consequences. (g) A conviction may be used for purposes of enhancement under this section or enhancement under Subchapter D, Chapter 12, but not under both this section and Subchapter D. For purposes of this section, a person is considered to have been convicted of an offense under Section 49.04 or 49.06 if the person was placed on deferred adjudication community supervision for the offense under Article 42A.102, Code of Criminal Procedure. But those consequences become far more severe when you are convicted of DWI for the third time. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER. Are You Allowed To Drive For Uber Or Lyft With A DWI On Your Record? Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. If you severely hurt another person while flying, driving, or assembling or operating an amusement park ride while intoxicated, you may face a third-degree felony charge. 51), Sec. 1212), Sec. Added by Acts 2003, 78th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 787, Sec. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.49.htm#49.04 Our attorneys are here to help you. Gillespie. Best search engine for True crime stories | Mugshots.com https://codes.findlaw.com/tx/penal-code/penal-sect-49-04/, Read this complete Texas Penal Code - PENAL 49.04. Added by Acts 1995, 74th Leg., ch. PDF Inmate Name Identifier CID Book In Date Booking No. Description That's according to Texas Penal Code Section 106.041. 960 (H.B. Dennis, TX . Renee Grimaldo in Texas Walker County arrested for DRIVING WHILE INTOXICATED 3RD OR MORE IAT 7/24/1977. Aaron Mills - JT/DRIVING WHILE INTOXICATED 3RD OR MORE IAT - Texas. Charges: Charge Description: INSUFFICIENT BOND - DRIVING WHILE INTOXICATED 3RD OR MORE IAT; Charge Description: INSUFFICIENT BOND - POSS . Cite this article: FindLaw.com - Texas Penal Code - PENAL 49.04. 49.02. <> 1.01, eff. DWI stands for "driving while intoxicated," or in some cases, "driving while impaired." DUI is an acronym for "driving under the influence." Both DWI and DUI can apply to alcohol and other drugs (including recreational drugs and those prescribed by a physician) that impair your ability to drive. DWI 3rd or More | Texasdfwdefender Under any circumstance, a conviction for driving while intoxicated (DWI) charge in Texas is a serious matter. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Jan. 1, 2000. This site does not charge for viewing any of our published data, and we do not accept payments of any kind. Will A DWI Show Up On A Criminal Background Check? Join thousands of people who receive monthly site updates. Texas also imposes an annual DMV license surcharge of $1,000 to $2,000 per year for three years. Stay up-to-date with how the law affects your life. 787, Sec. Fines cannot exceed $10,000, but a variety of fees and "penalty assessments" will significantly increase the amount you actually pay. The court shall require the defendant to obtain the device at the defendant's own cost on or before that ending date, require the defendant to provide evidence to the court on or before that ending date that the device has been installed on each appropriate vehicle, and order the device to remain installed on each vehicle until the first anniversary of that ending date. No substitute exists, however, for discussing the particular facts of your drunk driving case with an experienced Houston DWI lawyer. Sec. TITLE 10. "Intoxicated" means you either: There is no criminal penalty "lookback period" in Texasmeaning any prior DUI or BUI (boating under the influence) conviction, no matter how old will count in determining what's a third offense. The Department of Public Safety shall approve devices for use under this subsection. (4) "Offense of operating or assembling an amusement ride while intoxicated" means: (B) an offense under Section 49.07 or 49.08, if the offense involved the operation or assembly of an amusement ride; or. Here is what you need to know about Texas Penal Code Sec. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 648, Sec. for non-profit, educational, and government users. 76, Sec. (1) " Offense relating to the operating of a motor vehicle while intoxicated " means: (A) an offense under Section 49.04 or 49.045; (B) an offense under Section 49.07 or 49.08, if the vehicle operated was a motor vehicle; (C) an offense under Article 6701l-1, Revised Statutes, as that law existed before September 1, 1994; Cause Information Style Attorney Hearing Type (a) Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has previously been convicted one time of an offense relating to the operating of a motor vehicle while intoxicated, an offense of operating an aircraft while intoxicated, an offense of operating a watercraft while intoxicated, or an offense of operating or assembling an amusement ride while intoxicated. If you don't notify the DMV within this timeframe that you want to contest the suspension, your license will remain suspended for 12 months starting the 41st day after your arrest. (a)Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is ** This post is showing arrest information only. We can help you navigate this scary situation. The term does not include: (A) a glove compartment or similar storage container that is locked; (C) the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk. https://texas.public.law/statutes/tex._penal_code_section_49.04. Code of Criminal Procedure, this subsection controls. What is the Punishment for a DWI in Texas 3rd Offense? 21, eff. Copyright 2023, Thomson Reuters. The Department of Public Safety shall approve devices for use under this subsection. 662 (H.B. Ector County Indictments: Dec. 12, 2022 - Odessa American A friend has 3 man/del cs pg1 >2g dfz but the 3rd charge has "iat" at the end. . According to the State of Texas, a DWI Third Offense is when an individual is arrested or charged for DWI with two prior convictions of DWI on their record. Intoxication Manslaughter: Texas Penal Code 49.08 (c)If it is shown on the trial of an offense under this section that at the time Texas Penal Code Sec. New Caney man indicted for bribery, third DUI - Chron (a) A person commits an offense if the person, by accident or mistake: (1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another; or. 440 (H.B. Through social Section 49.09 Enhanced Offenses and Penalties, (d) An offense under this section is a Class C misdemeanor. for non-profit, educational, and government users. first anniversary of the ending date of the period of license suspension under Section 521.344, Transportation Code, the defendant not operate any motor vehicle that is not equipped with that device. Added by Acts 2003, 78th Leg., ch. ]MdMm~zdGRqvVzdi9Y6DAWM.ZE VyTB4??Gj^/o{:/H?-[*s =N|0U/{:|X6ul%tuu~!& ofU29MKzKKu. A50JY=G:& L_}8zF"DkWUEQq*@5y3TFD.e-i NVosO!.s_>L"aiUwNis)B0jWdM7P!fk"H,3ZN8rI*cTaa#bTWkH&@.M!29qx#21>la; u* Z^l`jRyPZW hK]yDX95a!p6V q5L8em~u"r_`}LXb$vz]U1BNU BN?/6X,XQXqzL"OlVS%$}Xc7uf. (b) Except as provided by Section 49.09, an offense under this section is a felony of the second degree. Sept. 1, 2001. 1364, Sec. (B) having an alcohol concentration of 0.08 or more. Use the form below to submit your request for our office to review your information and contact you to schedule an initial consultation with one of our attorneys. Acts 2015, 84th Leg., R.S., Ch. Rate it: IAT. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not. The Texas Legislature has defined "intoxication manslaughter" to be a crime in Texas Penal Code 49.08, which provides that a person commits the offense of "intoxication manslaughter" if the person: (1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement . Views: 2 . JUSTIN ADRIO was booked in Dallas County, Texas for INSUFFICIENT BOND - DRIVING WHILE INTOXICATED 3RD OR MORE IAT. To the extent of a conflict between this subsection and Subchapter I, Chapter 42A, DRIVING WHILE INTOXICATED. 234, Sec. (c) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. If you face criminal charges, consult an experienced criminal defense lawyer. Suarez, Miguel Espinoza | 2023-03-03 14:56:00 Ellis County, Texas Booking Date: 11/16/2021. 49.09: Enhanced Offenses And Penalties, penalties for intoxication manslaughter in Texas. A third DWI in Texas is a third-degree felony (a first or second offense is a misdemeanor) and carries two to ten years in state prison. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.49.htm#49.09 | https://codes.findlaw.com/tx/penal-code/penal-sect-49-04/. Stay up-to-date with how the law affects your life. cost on or before that ending date, require the defendant to provide evidence to the person has previously been convicted: (1)one time of an offense under Section 49.08 or an offense under the laws of another state if the offense contains elements that | https://codes.findlaw.com/tx/penal-code/penal-sect-49-09/. Location: Hummingbirds set to migrate across Texas; Crime. 4 0 obj (d)For the purposes of this section, a conviction for an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08 that occurs on or after September 1, 1994, is a final conviction, whether the sentence 2.05, eff. Sept. 1, 2003. % Obtaining experienced representation as soon after the arrest as possible is important so that all avenues of attacking the third DWI are preserved. Odessa American, Texas. Enhanced Offenses and Penalties - last updated April 14, 2021 PUBLIC INTOXICATION. Sept. 1, 2003. or. Overview: Felony Driving While Intoxicated - 3rd or More in Texas 14.55, eff. or. Although, many Texas criminal defense attorneys have argued that these special bond requirements run afoul of the presumption of innocence, the Texas courts have consistently upheld these special bond provisions as necessary for public safety. Acts 2007, 80th Leg., R.S., Ch. Charges: TRAFFICKING OF PERSON TRAFFICKING OF PERSON TRAFFICKING OF PERSON . Call Horak Law at (713) 225-8000 to discuss your arrest for any third DWI in Houston, Harris County, and the surrounding areas, including The Woodlands in Montgomery County, Texas. 900, Sec. IAT 57070021 - CRIMINAL TRESPASS INST HIGH EDU PREV CONV IAT - PC - 30.05(d)(3)(B) Sec. If you fail a chemical test (have a BAC of .08% or more), your suspension will be for one year. Driving While Intoxicated on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Intoxication assault is charged under Texas Penal Code Sec. (a) A person commits an offense if the person is intoxicated while operating a watercraft. Sec. Best search engine for True crime stories | Mugshots.com If the court determines the offender is unable to pay for the device, the court may impose a reasonable payment schedule not to extend beyond the first anniversary of the date of installation. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS, CHAPTER 49. ride while intoxicated or the assembly of a mobile amusement ride while intoxicated. How Should I Explain My DWI On A Job Application? 49.09: Enhanced Offenses And Penalties outlines certain offenses that may enhance or increase the penalties of driving, boating, flying, or operating or assembling amusement park rides while intoxicated. endobj In Texas Department of Public Safety v.Allocca, 301 S.W.3d 364, 368-70 (Tex. The court shall enter an order that requires the defendant to have a device installed, on each motor vehicle owned or operated by the defendant, that uses a deep-lung breath analysis mechanism to make impractical the operation of the motor vehicle if ethyl alcohol is detected in the breath of the operator, and that requires that before the first anniversary of the ending date of the period of license suspension under Section 521.344, Transportation Code, the defendant not operate any motor vehicle that is not equipped with that device. WICHITA FALLS, TX. of the offense the person operating the motor vehicle had an open container of alcohol while intoxicated, or an offense of operating or assembling an amusement ride while September 1, 2005. (b) Except as provided by Subsections (c) and (d) and Section 49.09 (Enhanced Offenses and Penalties), an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. Third degree Felony "A person commits an offense if the person, by accident or mistake, while operating a . (6) "Mobile amusement ride" has the meaning assigned by Section 2151.002, Occupations Code. More Info. (4) "Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water. Jan. 1, 2000; Acts 2001, 77th Leg., ch. vehicle while intoxicated. First-Degree Felony: Imprisonment for life or imprisonment for 5-99 years (with some exceptions mandating a longer minimum term) Second-Degree Felony: Imprisonment for 2-20 years. For example, a statute might list a "minimum" jail sentence that's longer than the actual amount of time (if any) a defendant will have to spend behind bars. Rene L Acosta, 63, pleaded guilty Feb. 16 to driving while intoxicated third or more IAT and was sentenced to five years probation and eight years in prison. In most cases, the courts are required to impose certain minimum mandatory punishments, including: A fine not to exceed $10,000; 49.045. 2908), Sec. injury that results in a persistent vegetative state. The term includes the right-of-way of a public highway. Punishment for a 3rd DWI in Texas | Board Certified DWI Defense A DWI arrest does not equal a conviction, and you do not have to face this frightening situation alone. Third-Offense DWI in Texas - Driving Laws However, if you have already been convicted of one or more DWIs in Texas or another state, then you currently face a more serious charge and harsher consequences. Karah Sarai Freeland, 36, was indicted Feb. 6 on driving while intoxicated third or more IAT, third degree felony. 49.065 (Assembling or Operating an Amusement Ride While Intoxicated), 49.045 (Driving While Intoxicated With Child Passenger), 42A.102 (Eligibility for Deferred Adjudication Community Supervision), 521.344 (Suspension for Offenses Involving Intoxication), 521.247 (Approval of Ignition Interlock Devices by Department). September 1, 2007. What is IAT mean on a charge of driving intoxicated 3 or more mean - Avvo Sec. 2, eff. Third DWI Penalties under Texas Law / Houston Drunk Driving Lawyer 3 0 obj 1, 2, eff, Sept. 1, 2001; Acts 2001, 77th Leg., ch. Texas DWI Laws - FindLaw Fighting a drunk driving accusation, charged as a DWI in Texas, is a stressful and scary situation. If you've been arrested or charged for DWI, you should contact an experienced criminal defense attorney in your area who can help you decide how best to proceed with your case. Texas's Felony Three-Strike Rule - Spolin Law Join thousands of people who receive monthly site updates. analysis mechanism to make impractical the operation of the motor vehicle if ethyl March 2021 Indictments. 49.08. NO DEFENSE. FLYING WHILE INTOXICATED. If you're lawfully arrested in Texas for DWI within ten years of a previous alcohol or drug-related "enforcement contact" (like a prior DWI or refusal to submit to chemical testing) the Department of Motor Vehicles (DMV) can impose enhanced driver's license suspensions and feesregardless of whether you're ultimately convicted of a DUI. Amended by Acts 1995, 74th Leg., ch. Driving While Intoxicated - last updated April 14, 2021 (C) an offense under the law of another state that prohibits the operation of an amusement ride while intoxicated or the assembly of a mobile amusement ride while intoxicated. #1 DRIVING WHILE INTOXICATED 3RD OR MORE IAT. Juan Antonio Olivas,43, was indicted Nov. 29 on driving while intoxicated third or more IAT, third degree felony. September 1, 2007. Sonia Renee Hernandez,39, was indicted Nov. 29 on driving while. September 1, 2011. A third DWI in Texas is a third-degree felony (a first or second offense is a misdemeanor) and carries two to ten years in state prison. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Jan. 1, 2000. Following his August arrest Velazquez was freed on both $10,000 and $7,500 . (b-2) An offense under Section 49.08 is a felony of the first degree if it is shown on the trial of the offense that the person caused the death of a person described by Subsection (b-1). %PDF-1.5 (2) the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle. Call Horak Law if you were arrested for DWI anywhere in Houston, The Woodlands, or surrounding counties of Harris, Montgomery, Fort Bend, Brazoria, Galveston, Liberty, or Waller Counties. (b) In this section, "serious bodily injury" means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. More specifically, the number of previous DWI convictions and also how recent they are. Vernon James Silhan, 48, had his probation revoked Feb. 9 on the charge of driving while . What Constitutes Intoxication Assault Charges in Texas? 7, eff. 4, eff. 1, eff. 2(117), eff. What Is A DWI Third Offense | Trichter & LeGrand Law Firm - Texas DWI Law denied).In Allocca, the evidence was insufficient to support a probable-cause finding that Allocca was operating his car at the moment, and before, he was found.The following evidence supported the Allocca court's finding that he was not operating his vehicle at the moment he was found: (b) An offense under this section is a state jail felony. . According to the Enhanced Offenses and Penalties law, you may face increased penalties if convicted of any of the following offenses alongside your DWI (driving while intoxicated), BWI (boating while intoxicated), FWI (flying while intoxicated), or assembling or operating an amusement ride charge. Sept. 1, 2003. 318, Sec. The ignition interlock device is a deep lung air machine that prevents the vehicle from starting until the driver blows into the machine to make sure that the driver has not consumed any alcoholic beverages. 5, eff. Enhanced Offenses and Penalties on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. DRIVING WHILE INTOXICATED 3RD OR MORE 49.09(b) Literal Change DRIVING WHILE INTOXICATED 3RD OR MORE IAT 54040020 54040024 54040027 54040029 54040030 DWI W/PREVIOUS INTOXICATION MANSLAUGHTER CONV . x]]s7}wJ ,)M3F8h`zYR\dZn?OLT"o'0;[_>)?O_'? September 1, 2007. For the purpose of enforcing this subsection, the court that enters an order under (2)Offense of operating an aircraft while intoxicated means: (B)an offense under Section 49.07 or 49.08, if the vehicle operated was an aircraft; (C)an offense under Section 1, Chapter 46, Acts of the 58th Legislature, Regular 1, eff. March 2021 Indictments - Plainview Herald (3)Offense of operating a watercraft while intoxicated means: (B)an offense under Section 49.07 or 49.08, if the vehicle operated was a watercraft; (C)an offense under Section 31.097, Parks and Wildlife Code, as that law existed before September 1, 1994; (D)an offense under Section 19.05(a)(2), as that law existed before September 1, 1994, if the vehicle operated was a watercraft; ** This post is showing arrest information only. Our experience will work for you. Sept. 1, 1994. 1199), Sec. Cite this article: FindLaw.com - Texas Penal Code - PENAL 49.09. We have the knowledge to help you get the best possible outcome with your case. (F)an offense under the laws of another state that prohibit the operation of a motor Contact us. How Long Does A DWI Conviction Remain On Your Record In Texas? Driving safety and laws Bicycle and pedestrian safety Mailboxes on state highways Transportation systems management and operations Smart Work Zones Traffic Incident Management About Stay up to date with the latest news and learn more about who we are. For many these cases of a third or subsequent DWI, the attorney is fighting not only the DWI accusation but any finding that a prior DWI can be used to enhance the penalties at sentencing. Attorneys who . 51), Sec. Age: 36. 662 (H.B. Sec. A major factor during plea negotiations is whether the person has much criminal history on their record. All Rights Reserved by Recently Booked. anniversary of that ending date. Current as of April 14, 2021 | Updated by FindLaw Staff. If, as a result of your intoxication, your actions cause the death of another person, you may face a second-degree felony in addition to any penalties for operating a vehicle or amusement park ride while intoxicated. 49.045: Driving While Intoxicated With Child Passenger, Sec. INTOXICATION MANSLAUGHTER. 996 (H.B. the person caused serious bodily injury to a firefighter or emergency medical services (A)an individual employed by this state or by a political or legal subdivision of Sept. 1, 1994. Acts 2007, 80th Leg., R.S., Ch. 1 DUI vs. DWI: What's the Difference? - Verywell Mind Added by Acts 1993, 73rd Leg., ch. Montgomery County Jail Bookings for February 28, 2023 (b-4) An offense under Section 49.07 is a felony of the second degree if it is shown on the trial of the offense that the person caused serious bodily injury to another in the nature of a traumatic brain injury that results in a persistent vegetative state. (ii) conducts a minimum of two drills each month, each at least two hours long. Texas DPS Other titles: Discontinued Codes 09012019 New Codes 09012019 Updates 01012020 Updates 09012020 . 3, eff. Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. (a) A person commits an offense if the person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride. (e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies. 2 0 obj years of the date on which the most recent preceding offense was committed. Booking Date: 3/3/2023. And if you refuse to submit to a breath test when stopped by the police for suspicion of DWI, you will get an automatic 180-day driver's license suspension. (b-3) For the purposes of Subsection (b-1): (1) "Emergency medical services personnel" has the meaning assigned by Section 773.003, Health and Safety Code. 822, Sec. Copyright 2023, Thomson Reuters. Judge John Shrode approved the deal. Felony DWIs (Third or more) in Texas | Tarrant County January 1, 1984; (E)an offense under Section 19.05(a)(2), as that law existed before September 1, 1994, if the vehicle operated was a motor BOATING WHILE INTOXICATED. (2) a felony of the first degree if it is shown on the trial of the offense that the person caused serious bodily injury to a peace officer or judge while the officer or judge was in the actual discharge of an official duty. an offense of operating an aircraft while intoxicated, an offense of operating a watercraft September 1, 2015. Section 49.04 Driving While Intoxicated, DRIVING WHILE INTOXICATED 3RD OR MORE IAT: jurisdiction: bond details: bond amount: 0.00: charge description: DRIVING WHILE INTOXICATED 3RD OR MORE IAT: jurisdiction: bond details . 49.12. Gillespie County Arrests and Inmate Search A serious offense, DWI Third can be considered a third-degree felony, which may result in severe punishment. 25, eff. Third-Degree Felony: Imprisonment for 2-10 years. You may contact an attorney in the county where the case is pending and discover the shorthand used by the clerk of court in that county. Possession by a person of one or more open containers in a single criminal episode is a single offense. while intoxicated. Renee Grimaldo - DRIVING WHILE INTOXICATED 3RD OR MORE IAT - Texas. Convicted motorists also face up to two years of probation and having to complete a DWI education class, a substance abuse evaluation and/or rehabilitation program, 160 to 600 hours of community service, and possibly having to attend a DWI Impact Panel. 2, eff. At its core, Texas Penal Code Sec. Article 46f-3, Vernon's Texas Civil Statutes, Article 42A.102, Code of Criminal Procedure, https://codes.findlaw.com/tx/penal-code/penal-sect-49-09/, Read this complete Texas Penal Code - PENAL 49.09. (h) This subsection applies only to a person convicted of a second or subsequent offense relating to the operating of a motor vehicle while intoxicated committed within five years of the date on which the most recent preceding offense was committed. The court shall require the defendant to obtain the device at the defendant's own 9, eff. P0In[KLXw4P8hvP jRP[1 :.]UXri{\BJUJ-qvZ2]IXEQu0:RUW8; u'm2K]q#Y0[$ |&1GCxn9+hk (f) Repealed by Acts 2005, 79th Leg., Ch. Matt Horak is available to talk with you about your drunk driving case involving a third, fourth, fifth, or any subsequent DWI arrest. 2, eff. 996, Sec. (2) "Offense of operating an aircraft while intoxicated" means: (B) an offense under Section 49.07 or 49.08, if the vehicle operated was an aircraft; (C) an offense under Section 1, Chapter 46, Acts of the 58th Legislature, Regular Session, 1963 (Article 46f-3, Vernon's Texas Civil Statutes), as that law existed before September 1, 1994; (D) an offense under Section 19.05(a)(2), as that law existed before September 1, 1994, if the vehicle operated was an aircraft; or.