Penal Code Chapter 49 Flashcards

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Questions and Answers

What does intoxication mean?

  • Not having the normal use of mental or physical faculties by reason of the introduction of substances. (correct)
  • Only refers to alcohol consumption.
  • Being in a state of sobriety.
  • The normal use of mental or physical faculties.

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.)?

<p>A person operates a motor vehicle while intoxicated, in a public place.</p> Signup and view all the answers

First offense of DWI with an open container of alcoholic beverage in the driver's immediate possession requires _____ minimum jail time.

<p>6 days</p> Signup and view all the answers

First offense of boating while intoxicated requires a minimum jail time of _____

<p>72 hours</p> Signup and view all the answers

What can Mr. X be arrested for if he was assembling a mobile amusement ride while intoxicated?

<p>Assembling an amusement ride while intoxicated.</p> Signup and view all the answers

What charge can Mr. X face if he causes serious bodily injury to a customer while intoxicated while operating an amusement ride?

<p>Intoxication assault</p> Signup and view all the answers

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?

<p>Intoxication assault</p> Signup and view all the answers

What can Mr. X be charged with if he was intoxicated while operating an amusement ride and caused a customer's death?

<p>Intoxication manslaughter</p> Signup and view all the answers

What charge can Mr. X face if a child was killed due to a defect in a mobile amusement ride he assembled while intoxicated?

<p>Intoxication manslaughter</p> Signup and view all the answers

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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.
  • 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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