Bell v. State

OPINION

Driving while intoxicated (DWI) is a third-degree felony if the defendant has twice been convicted of an “offense relating to the operating of a motor vehicle while intoxicated.” 1 An “offense relating to the operating of a motor vehicle while intoxicated” means (for purposes of this case) an “offense under Section 49.04.” 2 The issue in this case is whether a prior DWI conviction in federal court for a violation of Section 49.04 under the federal Assimilative Crimes Act (ACA) set out in 18 U.S.C. § 13 is a conviction for an “offense under Section 49.04.” 3

The indictment charged…