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by baldeagle
Fri Jul 03, 2015 11:55 am
Forum: 2015 Legislative Session
Topic: Drinking/Intoxicated clarified in Penal Code?
Replies: 23
Views: 3721

Re: Drinking/Intoxicated clarified in Penal Code?

LSUTiger wrote:In Penal Code Section 49.01, can an officer claim A if B is not met? That's a judgement call. I would prefer not to leave anything to an officer's judgement.

Penal Code Section 46.035:
(d) A license holder commits an offense if, while intoxicated, the
license holder carries a handgun under the authority of Subchapter H,
Chapter 411, Government Code, regardless of whether the handgun is
concealed.

Government Code Section 411.171:
(4)(6) "Intoxicated" has the meaning assigned by Section 49.01, Penal Code.

Penal Code Section 49.01
(2) "Intoxicated" means:
(A) 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
(B) having an alcohol concentration of 0.08 or more.
I was foreman on a petit jury that convicted a woman under A. The question for the jury is, what is the normal use of one's mental or physical faculties when under the influence. In her case she was convicted because she was driving erratically but most importantly because she was returning two friends, one of whom was passed out, back to their cars so they could drive home. If she had the normal use of her faculties, she would have called a cab for her friend who obviously would not be able to drive safely.

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