Definition of Intoxication

Posted on July 29, 2007 by Hunter Biederman
Penal Code - Chapter 49

(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.
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Comments (1) Read through and enter the discussion with the form at the end
Bobby S - August 10, 2007 1:34 PM

...and most people incorrectly assume that if their BAC is less than .08, they can't be arrested. Not true.

Legislators gave law enforcement pretty large discretion with the phrase, "...not having the normal use of mental or physical faculties by...any other substance into the body..." Thus, pain pills count and maybe even a Starbucks Double Shot, too.

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