Driving/Boating while Intoxicated offenses become a Felony of the 3rd Degree if the person has previously been convicted one time of an offense under Section 49.08 or substantially similar, or two times of any other offense relating to the operating of a motor vehicle while intoxicated, operating an aircraft while intoxicated, operating a watercraft while intoxicated, or operating or assembling an amusement ride while intoxicated.

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

Answer: (C)

The main idea is that punishment for Driving/Boating While Intoxicated can be enhanced to a felony based on the number and type of prior intoxicated operation offenses. To reach a felony of the third degree, the statute allows two pathways: either one prior conviction under Section 49.08 (or a substantially similar offense) counts as enough, or two prior convictions of any other qualifying offense related to operating a vehicle, aircraft, watercraft, or an amusement ride while intoxicated.

That’s why the correct choice matches: one prior 49.08 conviction (or substantially similar) OR two prior convictions of any other related offense. It captures both ways to trigger the felony level.

The other options don’t fit because they cover only one route or go beyond what the statute specifies. A focuses only on the 49.08 path, ignoring the second route. B focuses only on having two other offenses, ignoring the 49.08 path. D suggests a three-time threshold for other offenses, which isn’t what the statute states for a third-degree felony.