900, Sec. The Texas Penal code defines "Intoxicated" as not having the normal use of mental or physical faculties by reason 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; or having an alcohol concentration of 0.08 or more. September 1, 2005. Primarily, this law applies to the drivers of cars. 2908), Sec. 234, Sec. (b) An offense under this section is a state jail felony. Intoxication Manslaughter. Sept. 1, 1999; Acts 1999, 76th Leg., ch. In 2018 the section headings to the constitution, which are not officially part of the text of the constitution, were revised to reflect amendments and to modernize the language. Posted in Texas DWI Laws § 49.07 Intoxication Assault. 1298 (H.B. Sec. 1, eff. (A) an individual employed by this state or by a political or legal subdivision of this state who is subject to certification by the Texas Commission on Fire Protection; or. 969, Sec. (2) "Intoxicated" means: 662 (H.B. 9, eff. 2021 May Bring Pro-Labor and Unionization Movement in Tech. MANSLAUGHTER. However, have you been convicted for public intoxication twice previously? Sec. (b) A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Home » Definition of Intoxication Assault – Texas Penal Code Section 49.07 Definition of Intoxication Assault – Texas Penal Code Section 49.07. 900, Sec. 2) A violation of the penal statute cognizable of Chapter 729, Transportation Code 3) Violation of a motor vehicle ordinance 4) Misdemeanor punishable by fine only 5) A violation of a penal ordinance of a political subdivision 6) a capital felony, an aggravated controlled substance felony, … Sec. Sept. 1, 2001. 14.55, eff. TITLE 10. Added by Acts 1999, 76th Leg., ch. 1.01, eff. 49.08: Intoxication Manslaughter. (b-4) An offense under Section 49.07 is a felony of the second degree if it is shown on the trial of the offense that the person caused serious bodily injury to another in the nature of a traumatic brain injury that results in a persistent vegetative state. September 1, 2005. 1364, Sec. September 1, 2007. Sept. 1, 1994. (C) an offense under the law of another state that prohibits the operation of an amusement ride while intoxicated or the assembly of a mobile amusement ride while intoxicated. Sept. 1, 1995; Acts 1999, 76th Leg., ch. January 1, 2017. Sept. 1, 1997. (4) "Offense of operating or assembling an amusement ride while intoxicated" means: (B) an offense under Section 49.07 or 49.08, if the offense involved the operation or assembly of an amusement ride; or. 49.11. 1.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 3, eff. 49.04. 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. 2.84, eff. 1013, Sec. DEFINITIONS. 1.01, eff. Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. 318, Sec. 440 (H.B. 49.08: Intoxication Manslaughter. Jan. 1, 2000. 1364, Sec. Acts 2007, 80th Leg., R.S., Ch. DRIVING WHILE INTOXICATED. PUBLIC INTOXICATION. DEFINITIONS. (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 (2) is intoxicated and by reason of that intoxication … (ii) conducts a minimum of two drills each month, each at least two hours long. To the extent of a conflict between this subsection and Subchapter I, Chapter 42A, Code of Criminal Procedure, this subsection controls. (g) A conviction may be used for purposes of enhancement under this section or enhancement under Subchapter D, Chapter 12, but not under both this section and Subchapter D. For purposes of this section, a person is considered to have been convicted of an offense under Section 49.04 or 49.06 if the person was placed on deferred adjudication community supervision for the offense under Article 42A.102, Code of Criminal Procedure. (3) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. Amended by Acts 1995, 74th Leg., ch. 1.01, eff. (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. 19.04. 960 (H.B. 1.01, eff. 49.031. September 1, 2005. Sept. 1, 1994. 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.
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