SB826

SB826 makes driving while intoxicated in an active school crossing zone a state jail felony. The new rule applies when the reduced speed limit is in effect, not simply whenever a driver is near a school. The governor signed the bill June 20, 2025; it took effect September 1, 2025. Final act; Official history.

The prosecution must establish the school-zone circumstance at trial. The incorporated definition covers a reduced-speed street zone designated by a local authority to help children cross to or from a public or private elementary or secondary school. The new provision does not require a crash, injury, speeding violation or prior DWI conviction. The underlying offense still requires intoxicated operation of a motor vehicle in a public place. New section 49.04(e); School crossing zone definition; Underlying DWI offense.

Without an applicable enhancement, DWI is ordinarily a Class B misdemeanor with a 72-hour minimum confinement term. The general Class B maximum is 180 days in jail and a $2,000 fine; the ordinary state-jail-felony range is 180 days to two years and a possible fine up to $10,000. These are statutory punishment ranges, not a prediction of a particular sentence. Existing rules for repeat offenses, high alcohol concentrations and other circumstances are not repealed by SB826. Amended penalty provision; Class B range; State jail felony range and exceptions; Existing repeat-offense enhancements.

Only offenses committed on or after September 1, 2025, are covered. If any element occurred before that date, the earlier law continues to govern. Sections 2–3.