Tex. Penal Code § 49.01 · Chapter 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES
DEFINITIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
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.
(3) "Motor vehicle" has the meaning assigned by Section 32.34(a).
(4) "Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water.
(5) "Amusement ride" has the meaning assigned by Section 2151.002, Occupations Code.
(6) "Mobile amusement ride" has the meaning assigned by Section 2151.002, Occupations Code.
Notes and commentary — not statutory text
History
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1999, 76th Leg., ch. 234, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1364, Sec. 8, eff. Jan. 1, 2000; Acts 2001, 77th Leg., ch. 1420, Sec. 14.707, eff. Sept. 1, 2001.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm
- Text hash
- sha256 f7c50f811f2274ac138c4b5a184bee671ee1fa70365164f01d439b29f1e04c80
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 22 provisions
Provisions in this library whose text cites Tex. Penal Code § 49.01. Each shows the citation as that text prints it.
Alcoholic Beverage Code
Civil Practice and Remedies Code
Code of Criminal Procedure
Government Code
Labor Code
Occupations Code
Penal Code
Transportation Code
- Tex. Transp. Code § 521.222LEARNER LICENSE.Printed as Section 49.01, Penal Code
- Tex. Transp. Code § 524.001DEFINITIONS.Printed as Section 49.01, Penal Code
- Tex. Transp. Code § 524.011OFFICER'S DUTIES FOR DRIVER'S LICENSE SUSPENSION.Printed as Section 49.01(2)(B), Penal Code
- Tex. Transp. Code § 524.012DEPARTMENT'S DETERMINATION FOR DRIVER'S LICENSE SUSPENSION.Printed as Section 49.01(2)(B), Penal Code
- Tex. Transp. Code § 524.035HEARING.Printed as Section 49.01(2)(B), Penal Code | Section 49.01, Penal Code
- Tex. Transp. Code § 524.043REVIEW; ADDITIONAL EVIDENCE.Printed as Section 49.01, Penal Code
- Tex. Transp. Code § 545.420RACING ON HIGHWAY; IMPOUNDMENT OF A VEHICLE.Printed as Section 49.01, Penal Code
- Tex. Transp. Code § 545.421FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER; OFFENSE.Printed as Section 49.01, Penal Code
- Tex. Transp. Code § 724.001DEFINITIONS.Printed as Section 49.01, Penal Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.