Intoxication Charges in Texas — What You Should Know

David L. Leon Sept. 14, 2016

The Legal Definition of “Intoxicated” in Texas

Texas Penal Code Sec. 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;


(B) having an alcohol concentration of 0.08 or more.

This means that if you have a Blood Alcohol Concentration (BAC) of less than .08, but you are not in the normal use of mental or physical faculties due to alcohol, you may still be considered to be intoxicated.

Statutes that Cover Driving While Intoxicated

Texas Penal Code Title 10 (Offenses against the public health, safety and morals) Chapter 49 “Intoxication and Alcoholic Beverages Offenses”

DWI Charges with A Minor in The Car

You would violated Texas Penal Code Sec. 49.045. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER.

That statute says:

(a) A person commits an offense if:

(1) the person is intoxicated while operating a motor vehicle in a public place; and

(2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.

(b) An offense under this section is a state jail felony.

Flying or Boating While Intoxicated

Secs. 49.05, 49.06 and 49.065 cover flying, boating and assembling and/or operating an amusement ride while intoxicated. In most circumstances it would be a Class B misdemeanor.