locke_n_load wrote:Keith B wrote:locke_n_load wrote:
There is no definition of intoxicated in the penal code, and an officer may treat someone with the same standards as *DWI as far as arrest goes, but the law does not mention .08 BAC or otherwise.
Actually, there is a definition. It is defined in 49.01 and would be used for carrying as well as driving.
Sec. 49.01. DEFINITIONS. In this chapter:
(1) "Alcohol concentration" means the number of grams of alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine.
(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.
So if a word or phrase isn't defined in 46.035, it goes with the default definition in the most relevant code? Just wondering not arguing.
Yes, but even more to the point the Government Code relating to CHL specifically refers to the definition in Chapter 49.
GC §411.171. DEFINITIONS. In this subchapter:
(1) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1302, Sec. 14(1), eff. June 14,
2013.
(2) “Chemically dependent person” means a person who frequently or
repeatedly becomes intoxicated by excessive indulgence in alcohol or uses
controlled substances or dangerous drugs so as to acquire a fixed habit and an
involuntary tendency to become intoxicated or use those substances as often
as the opportunity is presented.
...
...
(5) “Handgun” has the meaning assigned by Section 46.01, Penal Code.
(6) “Intoxicated” has the meaning assigned by Section 49.01, Penal Code.