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An operator of a motor vehicle is considered automatically under the influence of alcohol if a chemical screening shows a blood-alcohol content of 0.08 percent or greater. If under the age of 17, a driver in Texas testing positive for any BAC may be subject to DUI charges.
The Federal Motor Carrier Safety Administration (FMCSA) regulation prohibits those who hold a commercial driver's license from driving with an alcohol concentration of 0.04 or greater. A commercial driver with an alcohol concentration of 0.02 or greater, but less than 0.04, must be removed from duty for 24 hours. [26]
Under Texas Alcohol Code section 109.35, a municipality can prohibit the possession of an open container in central business districts if there’s a risk to the health or safety of its citizens.
According to the Alcoholic Beverage Code, a city’s governing body can prohibit the possession of an open container or the consumption of alcohol in a business district.
The first codification of Texas criminal law was the Texas Penal Code of 1856. Prior to 1856, criminal law in Texas was governed by the common law, with the exception of a few penal statutes. [3] In 1854, the fifth Legislature passed an act requiring the Governor to appoint a commission to codify the civil and criminal laws of Texas.
Here’s what the Texas penal code on execution of judgment states: TITLE 1, Art. 43.03. A court may not order a defendant confined under Subsection (a) of this article unless the court at a ...
Section 49.01 of the Penal Code, which legally defines "intoxication", includes both a blood alcohol content greater than 0.08 but also defines it as "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 ...
The Texas Statutes or Texas Codes are the collection of the Texas Legislature's statutes: the Revised Civil Statutes, Penal Code, and the Code of Criminal Procedure. [ 1 ] [ 2 ] References