Penal Code · §49.01
Intoxication
Intoxication is covered under §49.01 and tested on the TCOLE peace officer licensing exam.
To prove this offense, the State must establish each of the following elements: (A) Loss of normal use of mental or physical faculties due to alcohol/drug/combination, OR; (B) Alcohol concentration of 0.08 or more.
Elements you must prove
- (A) Loss of normal use of mental or physical faculties due to alcohol/drug/combination, OR
- (B) Alcohol concentration of 0.08 or more
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Worked examples
Worked example 1
Under §49.01, 'intoxicated' means:
- Failing one field sobriety test
- Refusing a breath test
- Loss of normal use of mental or physical faculties due to alcohol/drugs/combination, OR alcohol concentration of 0.08 or more Correct
- 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.