Tex. Penal Code Section 49.10
No Defense

In a prosecution under Section 49.031 (Possession of Alcoholic Beverage in Motor Vehicle), 49.04 (Driving While Intoxicated), 49.045 (Driving While Intoxicated with Child Passenger), 49.05 (Flying While Intoxicated), 49.06 (Boating While Intoxicated), 49.061 (Boating While Intoxicated with Child Passenger), 49.065 (Assembling or Operating an Amusement Ride While Intoxicated), 49.07 (Intoxication Assault), or 49.08 (Intoxication Manslaughter), 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.
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: Section 49.10 — No Defense, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­49.­htm#49.­10 (accessed Apr. 20, 2024).

Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

§ 49.10’s source at texas​.gov