texas penal code intoxication definition

(f) Repealed by Acts 2005, 79th Leg., Ch. 996, Sec. Section 521.247, Transportation Code, applies to the approval of a device under this subsection and the consequences of that approval. APPLICABILITY TO CERTAIN CONDUCT. Posted in Texas DWI Laws § 49.08. All rights reserved. (a) A person commits an offense if the person: TEXAS PENAL CODE §49.02 – PUBLIC INTOXICATION (a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. 21, eff. (b) Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor with a minimum term of confinement of 72 hours. (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. 76, Sec. Added by Acts 2003, 78th Leg., ch. (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. (2) as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another. 49.11. 2.84, eff. Possession by a person of one or more open containers in a single criminal episode is a single offense. Sec. In this chapter: (1) "Alcohol concentration" means the number of grams of alcohol per: (A) 210 liters of breath; (B) 100 milliliters of blood; or (C) 67 milliliters of urine. (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. September 1, 2007. 2246), Sec. PENAL CODE. 3, eff. (37) “ Penal institution ” means a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense. What About Small Law Firms? Jan. 1, 2000; Acts 2001, 77th Leg., ch. Added by Acts 1993, 73rd Leg., ch. 662 (H.B. Acts 2019, 86th Leg., R.S., Ch. NO DEFENSE. 5, eff. Intoxication crimes are found primarily in Title 10 of the Texas Penal Code (abbreviated “PC” below). INTOXICATION MANSLAUGHTER. (3) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. In this chapter: (1) "Alcohol concentration" means the number of grams of alcohol per: (A) 210 liters of breath; (B) 100 milliliters of blood; or (C) 67 milliliters of urine. Amended by Acts 1999, 76th Leg., ch. Alcoholic beverage: has the meaning assigned by Section Texas Penal Code 1.07; Another: means a person other than the actor.See Texas Penal Code 1.07; Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. 900, Sec. Sept. 1, 2003. 23.010, eff. (a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place. (a) A person commits an offense if the person is intoxicated while operating a watercraft. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 49.05. 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. 996, Sec. Amended by Acts 2001, 77th Leg., ch. There are several types of manslaughter charges in this state. PUBLIC INTOXICATION. Texas Penal Code Section 8.04(d) provides a more succinct definition: intoxication is the disturbance of physical or mental capacity as a result of ingesting any substance. Sept. 1, 2001. (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. 2, eff. (E) an offense under the laws of another state that prohibit the operation of an aircraft while intoxicated. (a) Voluntary intoxication does not constitute a defense to the commission of crime. Read this complete Texas Penal Code § 49.07. 3, eff. 900, Sec. Sec. (a) A person commits an offense 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 ride; and. 1364, Sec. (2) "Intoxicated" means: (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. The Department of Public Safety shall approve devices for use under this subsection. Added by Acts 2003, 78th Leg., ch. 900, Sec. TEXAS PENAL CODE. The laws are strict, and the penalties are stiff. (a) A person commits an offense if the person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride. Texas Penal Code Section 49.02 defines intoxication as not having the normal use of mental or physical faculties because of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body. (c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days. 49.08: Intoxication Manslaughter. GENERAL DEFENSES TO CRIMINAL RESPONSIBILITY. (a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. September 1, 2011. Read the code on FindLaw Copyright © 2021, Thomson Reuters. Sept. 1, 1994. If you or a loved one faces intoxication manslaughter charges in Texas, the District Attorney is accusing you of causing someone else’s death because you were under the influence of drugs or alcohol. CHAPTER 49. Big Law Poised to Win Again in 2021. Sec. Texas Penal Codes And Statutes Health. Intoxication Assault on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . Acts 2005, 79th Leg., Ch. 234, Sec. 1.01, eff. (5) "Amusement ride" has the meaning assigned by Section 2151.002, Occupations Code. Sept. 1, 1994. Intoxication Assault. (b) An offense under this section is a felony of the second degree. 2, eff. Sept. 1, 2003. Sept. 1, 2003. Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 1999, 76th Leg., ch. (2) "Passenger area of a motor vehicle" means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle.

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