Questions and Answers
What does intoxication mean?
What must a person do to prove the case of 'Public Intoxication'?
Appear in a public place, so intoxicated that he is a danger to himself and others.
What is passenger Y guilty of when consuming an alcoholic beverage in a motor vehicle?
Possession of open container in motor vehicle.
What are the case elements of Driving While Intoxicated (D.W.I.)?
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First offense of DWI with an open container of alcoholic beverage in the driver's immediate possession requires _____ minimum jail time.
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First offense of boating while intoxicated requires a minimum jail time of _____
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What can Mr. X be arrested for if he was assembling a mobile amusement ride while intoxicated?
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What charge can Mr. X face if he causes serious bodily injury to a customer while intoxicated while operating an amusement ride?
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What charge can Mr. X face if he had assembled a mobile amusement ride while intoxicated and later that ride caused serious injury due to his actions?
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What can Mr. X be charged with if he was intoxicated while operating an amusement ride and caused a customer's death?
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What charge can Mr. X face if a child was killed due to a defect in a mobile amusement ride he assembled while intoxicated?
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Study Notes
Intoxication
- Defined as lacking normal use of mental or physical faculties due to the introduction of alcohol, drugs, or combinations thereof.
- An alcohol concentration of 0.08 or more is considered intoxicated.
Public Intoxication
- To be charged, a person must appear intoxicated in a public place and pose a danger to themselves or others.
Open Container Law
- Possessing an open container of alcohol in a vehicle is an offense; passengers can be charged if consuming alcohol while the vehicle is stopped.
Driving While Intoxicated (D.W.I.)
- Elements include operating a motor vehicle while intoxicated in a public space.
Penalties for D.W.I.
- First offense with an open container results in a minimum jail sentence of 6 days.
Boating While Intoxicated
- A first offense requires a minimum jail time of 72 hours.
Intoxication Related Offenses
- Operating an amusement ride while intoxicated can lead to arrest.
- Causing serious bodily injury while intoxicated is classified as intoxication assault.
Charges for Serious Incidents
- Intoxication assault can be charged if an intoxicated person causes severe injury while operating a ride.
- Intoxication manslaughter applies if death results from operating a ride while intoxicated.
Liability for Assembly
- Assembling a ride intoxicated, leading to injury later, can also result in intoxication assault charges.
- If a child is killed due to negligent assembly while intoxicated, the individual may face intoxication manslaughter charges even if unaware of the defect.
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Description
Test your knowledge on Chapter 49 of the Penal Code with these flashcards. The focus is on the definitions and criteria surrounding intoxication and public intoxication. Perfect for law students needing a quick review of essential terms.
