Exam 13: Intoxication Offenses

Police officer Raymond arrests Vince for the offense of public intoxication.Which of the following actions may Raymond lawfully take regarding Vince's arrest?

The BAC standard is the measure used to determine whether or not a driver is intoxicated on cocaine.

Johnny is driving his pick-up truck home at midnight after an evening at a local club.The streets are slick due to freezing rain.As Johnny approaches the intersection of Main and First Street,he observes he has a green light.However,at that moment,Jason,who is riding a motorcycle on the cross-street,is unable to stop at his red signal.Due to the slippery conditions,the motorcycle slides into the intersection.Johnny immediately applies the truck's brakes but is unable to stop in time and strikes the motorcycle.Jason is subsequently transported to the hospital but dies two days later due to the injuries he sustained in the collision.Investigation reveals that Johnny had a 0.09 BAC and Jason a 0.05 BAC at the time of the incident.Which of the following is an accurate statement about this situation?

Under Texas law,the per se standard of intoxication is based on the measurement of the offender's BAC.The letters BAC refer to:

In an intoxication assault case,the culpable mental state of the offender is ________.

The power to divert intoxicated individuals away from the justice system is consistent with the ________ philosophy of the public intoxication statute.

In lieu of placing an intoxicated individual in jail,a peace officer is authorized to release the individual into the care of a ________.

Texas law grants peace officers the specific authority to release ________ individuals without taking them before a magistrate as is normally required after arrest.

An intoxication assault is committed when a drunk driver nearly hits another person or the other person is reasonably fearful of being struck.

Bob is riding on the back of Ray's motorcycle.As they round a corner at high speed,Ray loses control of the motorcycle and crashes into an embankment.Both men are tossed onto the ground.A police officer stops to render aid.Bob is scratched up but otherwise unharmed.Ray's left arm is fractured.The officer notes that both men are intoxicated.Which of the following is a correct statement about this situation?

One method of determining whether an individual is intoxicated after smoking marijuana is by an assessment of the effect the substance manifests.

To commit the offense of public intoxication,the individual must be intoxicated in a public place to the degree that he may ________ himself or another.

To obtain a conviction for intoxication assault in a typical case,the prosecution must prove that the offender was intoxicated while operating a motor vehicle and caused ________ to another.

Late one night Jose is walking back to his apartment after drinking two beers at the local cantina.Because of recent burglaries in the area,a police officer stops Jose and asks about why he is out so late.The officer smells the odor of beer on Jose's breath.To lawfully arrest Jose for violating the public intoxication law,the officer would have to reasonably believe that Jose was intoxicated and:

Under Texas law,peace officers can process intoxicated persons in at least three different ways.Two of those ways essentially involve releasing the intoxicated person to another's custody without the filing of criminal charges.This indicates a general public policy of protection not punishment for intoxicated persons.Should Texas completely decriminalize the offense of public intoxication? Are there any circumstances in which a publicly intoxicated individual should answer to criminal charges?

To commit public intoxication under Texas law,an individual must be both drunk and disorderly.

Any time an intoxicated individual carelessly shoots and kills another person,a charge of intoxication manslaughter is legally appropriate.

Jack and Jill are out on the lake late on a Saturday afternoon.Both are drinking beer and enjoying themselves.Around sundown Jill decides she wants to go waterskiing.Jack starts their boat and Jill begins skiing behind.After about ten minutes of skiing,Jack reaches for another beer from his ice chest.Jack's level of intoxication causes him to fall out of the seat and onto the floor of the boot.At that moment his craft crashes into a fishing boat,which he had not seen.The two fishermen are knocked overboard.One safely swims to shore but the other drowns.Jill is unharmed.Subsequent investigation reveals that both Jack and Jill's BAC exceeds 0.08.The most serious offense,if any,Jack has committed is:

A drunk driver who causes the death of another motorist will often be charged with the offense of ________ manslaughter.

George drives his wife Martha to a doctor's appointment.He waits in the car.When she returns from the doctor's office,she tells George "I'm pregnant." "That's great news," George replies."Let's celebrate." The two go to a local restaurant and bar.Over the next several hours they celebrate by drinking excessively.When closing time arrives,they depart in their automobile with Martha driving because they agree George has had way too much to drink.Unfortunately,so has Martha.On the way home,due to her intoxicated condition,Martha falls asleep at the wheel.The car runs off the road and overturns.George is killed.Martha survives but miscarries at the scene.What is (are)the most serious offense(s),if any,Martha has committed?