Penal Code · §49.01

Intoxication Definitions

Intoxication Definitions (§49.01): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • (A) Loss of normal use of mental or physical faculties due to alcohol/drug/combination, OR
  • (B) Alcohol concentration of 0.08 or more

Learn more about this topic

Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.

Start Free Practice

Worked examples

Worked example 1

Under §49.01, 'intoxicated' means:

  1. Failing one field sobriety test
  2. Refusing a breath test
  3. Loss of normal use of mental or physical faculties due to alcohol/drugs/combination, OR alcohol concentration of 0.08 or more Correct
  4. Any consumption of alcohol within the prior hour
Why: Intoxication has two prongs: (A) loss of normal use of mental or physical faculties by reason of alcohol or drugs (or any combination), OR (B) alcohol concentration of 0.08 or more.
Statute: Tex. Penal Code §49.01(2)

Statutory definitions for this topic

Intoxicated Tex. Penal Code §49.01(2)
(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.