Tex. Penal Code § 49.10 · Chapter 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES
NO DEFENSE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
In a prosecution under Section 49.031, 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, the fact that the defendant is or has been entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense.
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. 1364, Sec. 14, eff. Jan. 1, 2000; Acts 2003, 78th Leg., ch. 787, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 813 (H.B. 1163), Sec. 4, eff. September 1, 2023.
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 33366f1fc01199d6ee3d6781beb35c0310262086655f7ccda782f491a128d0da
- 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.
Penal Code
- Tex. Penal Code § 49.031POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE.Printed as Section 49.031, 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08
- Tex. Penal Code § 49.04DRIVING WHILE INTOXICATED.Printed as Section 49.031, 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08
- Tex. Penal Code § 49.045DRIVING WHILE INTOXICATED WITH CHILD PASSENGER.Printed as Section 49.031, 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08
- Tex. Penal Code § 49.05FLYING WHILE INTOXICATED.Printed as Section 49.031, 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08
- Tex. Penal Code § 49.06BOATING WHILE INTOXICATED.Printed as Section 49.031, 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08
- Tex. Penal Code § 49.061BOATING WHILE INTOXICATED WITH CHILD PASSENGER.Printed as Section 49.031, 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08
- Tex. Penal Code § 49.065ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED.Printed as Section 49.031, 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08
- Tex. Penal Code § 49.07INTOXICATION ASSAULT.Printed as Section 49.031, 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08
- Tex. Penal Code § 49.08INTOXICATION MANSLAUGHTER.Printed as Section 49.031, 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08
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.