It doesn't look to me as if this proposed bill changes anything other than making certain PC §46 references the definition of "intoxicated" as presented in PC §49...which is where I believe everyone--judges, attorneys, and non-attorneys alike--already look for clarification. The definition in PC §46.06 is superfluous and incomplete. PC §49.01 defines what "alcohol concentration" means, and presents the clear definition of "intoxicated"...including the very important (and often misunderstood) conjunction "or" that joins PC §49.01(2)(A) and §49.01(2)(B).
I'd support this bill. I'm all for steps that normalize the statutes, making them less ambiguous by consolidating definitions into single sources.
A follow-on to note what's been said many times in the past: there simply is no reasonable way to remove the seemingly subjective statement: "...not having the normal use of mental or physical faculties by reason of the introduction of...any...substance into the body." There simply is no way to test for everything that someone could conceivably put into his body, or predict what new things might be devised in the future to ingest or inject. And what would otherwise be innocuous amounts of several different substances can, if taken together, cause impairment equal to or greater than one of those substances taken in quantity.
What the definition in PC §49.01does do is make it clear that intoxication requires the introduction of a substance into the body. Naturally occurring conditions that might look symptomatic of intoxication don't count: think of someone going into diabetic shock or suffering a seizure. For example, I had a friend who passed away several years ago from ALS. His earliest symptom was slurred speech. Took weeks to diagnose, and for the first several months, the slurred speech was the only issue: his mind, other motor operations, reflexes, etc. were just fine. He continued to go to work every day and go to the gym after work. But if he'd been pulled over for a traffic stop, he'd have had some 'splainin' to do. He kept a letter from his doctor in the car, just in case.
Search found 1 match
Search found 1 match
• Page 1 of 1
- by Skiprr
- Thu Nov 29, 2012 12:05 pm
- Forum: 2013 Texas Legislative Session
- Topic: Intoxication
- Replies: 27
- Views: 4586
Search found 1 match
• Page 1 of 1
Jump to
- Administrative
- ↳ Site Announcements, Questions & Suggestions
- ↳ Test Area
- ↳ Technical Tips, Questions & Discussions (Computers & Internet)
- Resources & Links
- ↳ CHL Checklist
- ↳ Government resources & CHL-related links
- ↳ DPS Updates
- National Rifle Association, Texas Firearms Coalition & Good Guys United
- ↳ National Rifle Association
- ↳ Texas Firearms Coalition
- ↳ Good Guys United
- General
- ↳ General Gun, Shooting & Equipment Discussion
- ↳ General Texas CHL Discussion
- ↳ Gun and/or Self-Defense Related Political Issues
- ↳ Rifles & Shotguns
- ↳ New to CHL?
- ↳ The "Waiting Room"
- ↳ Other States
- ↳ Shooting Ranges
- ↳ Reloading Forum
- ↳ Never Again!!
- ↳ Competitive Shooting
- ↳ Hunting Photos
- ↳ Books & Videos
- ↳ Off-Topic
- ↳ Ladies
- ↳ Anti-gun propaganda and other lies!
- ↳ Second Amendment Cases
- Day-To-Day
- ↳ Holsters & Accessories
- ↳ LEO Contacts & Bloopers
- ↳ "How To" Tips
- ↳ Job Board
- ↳ Camp's Corner
- ↳ Prayer Requests & Updates
- ↳ The Crime Blotter
- ↳ Self-Defense Reports
- ↳ Training & Practice
- Instructors , Classes and Training
- ↳ LTC Class Schedules & Locations
- ↳ Basic & Advanced Training (Non-LTC)
- ↳ Past Classes
- ↳ Instructors' Corner
- ↳ General
- Market: Buy, Sell, Trade - Please check the minimum posting requirements in Forum Rule 13
- ↳ Holsters, Accessories, Reloading Equipment & Supplies
- ↳ Firearms
- ↳ FFL Holders
- ↳ Closed Items
- ↳ Commercial Vendor Bargains and Deal
- ↳ Non-Firearm related items
- Community Service Announcements
- ↳ General Announcements
- ↳ Animal Rescue
- ↳ Prior Year TexasCHLforum Days
- ↳ 2012 TexasCHLforum Day at PSC
- ↳ 2010 TexasCHLforum Day at PSC
- ↳ 2009 TexasCHLforum Day at PSC
- ↳ TexasCHLforum Day at PSC 2008
- ↳ Feedback - 2007 TexasCHLforum Day at PSC
- ↳ 2007 TexasCHLforum Day
- Legislative
- ↳ General Legislative Discussions
- ↳ 2019 Texas Legislative Session
- ↳ Governor's Abbott's "School and Firearm Safety Action Plan"
- ↳ Crimes on Campus
- ↳ Prior Session: 2005 - 2017
- ↳ 2015 Legislative Session
- ↳ 2013 Texas Legislative Session
- ↳ 2013 Calls-To-Action
- ↳ 2011 Texas Legislative Session
- ↳ 2009 Texas Legislative Session
- ↳ 2007 Texas Legislative Session
- ↳ 2005 Texas Legislative Session
- ↳ Goals for 2007
- ↳ Concealed Carry on College Campuses
- ↳ 2017 Texas Legislative Session
- ↳ 2017 Legislative Wish List
- ↳ Federal
- Elections
- ↳ Prior Year Elections
- ↳ 2012 Texas & Federal Elections
- ↳ Texas - 2008
- ↳ Federal - 2008
- ↳ 2014 Elections