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Since I now at least have some protection for the Lawyer Haterz out there, it dawned I me I can throw out a law topic every now and then. For example, did you know that for purposes of DWI (and, yep, Texas still calls it DWI and not DUI), the definition of "intoxicated" is:
(2) "Intoxicated" means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol . . . into the body; or
(B) having an alcohol concentration of 0.08 or more.
On a related note: The billboards that say "Drink. Drive. Go to jail." are simply wrong. They should read "Drink. Drive while Intoxicated. Go to jail."
11 comments:
Barry, I hope you proofread your legal documents better than you do your posts on this blog. Didn't Baylor law review teach you anything?
As Big Mama said in Cat on a Hot Tin Roof, "I don't trust a man who don't drink."
I drink (alcohol) and drive frequently. I don't drive while intoxicated. I have never had an accident where alcohol was involved. Simple minds should not strive for black and white - there are all shades of gray.
I don't think Baylor has a law review.
On the other hand, they have a publication called: "Sum Articals You Might Be Reading About Law Thigns".
I hear it's published kwarterly. In the copy I have, the citations seem a bit out of whack (is there such a thing as the "Untied States Supreme Curt"?).
Brilliant post, blue book. I especially love that "Untied."
I can hear you now, "but Judge, my client only had a .07 BAC. Who cares that he couldn't stand when he got out of the car. Who cares that he couldn't complete the FST's. Under Texas law, he is not intoxicated. Hey, can we finish this later, I have to go to my Mom and Dad's funeral. My client killed them when he crossed the center strip and hit them head on! Hey buddy, I'll be back and I will get you off. After that, let's go get a beer, I'm buying.
It is always okay until it hits home!!
How much does it take to achieve 0.08? Is that one beer with your tortilla soup?
Whoever posted the original, I suppose it was Barry, left out part of the penal code defining the definiton of intoxication. Here it is copied directly from the penal code.
§ 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.
Agree there should be more specifics in regard to drink, drive, go to jail. Drink what? And how much? Same for when we outlaw phones, etc...then we'll have "talk, drive, go to jail", "eat, drive, go to jail" or "daydream, drive, go to jail".
And 11:41, if you'd read Barry's entire posting, you'd see that OF COURSE merely having a .07 BAC won't get you off if you "can't stand when you get out of the car." THAT could be covered by that portion of the definition set forth in "A" (not having normal use of mental or physical faculties).
Barry's point, which you clearly do not want to address, is that a person who has a beer with supper at a restaurant will leave that restaurant with the full use of his mental and physical faculties, and may post a .01 BAC, should not be vilified for "drinking and driving."
I walked home from the bar (300 yards) and got a ticket for public intox! Next time I'll drive!
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