A Driving/Boating while Intoxicated offense becomes a Felony of the 3rd Degree if the offender has previously been convicted one time under Section 49.08 or substantially similar, or two times of any other related offense.

• A. One time under Section 49.08 or substantially similar offense
• B. Two times of any other related offense
• C. One time under Section 49.08 or substantially similar offense, or two times of any other related offense
• D. Three times of any other related offense

Answer: (C)

Enhancement rules for Driving/Boating while intoxicated use two routes to reach a third-degree felony: one prior conviction under Section 49.08 (or a substantially similar offense), or two prior convictions of any other related offense. Because the statute is written with an OR between these two pathways, meeting either condition upgrades the offense to a third-degree felony. The correct understanding is that one prior 49.08 conviction or two prior convictions of other related offenses both qualify. The other options miss one of the routes or set an incorrect threshold.