Exam 13: Intoxication Offenses

The Texas public intoxication statute authorizes justice personnel to divert intoxicated individuals away from the justice system.

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

Under Texas law regarding intoxication offenses,a person is considered intoxicated if she lacks normal use of mental or physical faculties by reason of the introduction of which of the following into her body?

Intoxication manslaughter is limited in its application only to deaths caused by drunk drivers on public highways.

In driving while intoxicated cases,the most common method of determining whether or not the motorist is intoxicated is by measuring the relative amount alcohol in a sample of the suspect's ________.

A blood alcohol concentration of 0.08 or greater is known as intoxication ________.

In order to successfully convict an accused of either intoxication assault or intoxication manslaughter,the prosecution must establish a causal link between the intoxicated driver's condition and the resultant injury or death.What factors might be used to establish such a link to the satisfaction of a jury?

With the individual's consent,an intoxicated person may lawfully be placed in a substance abuse treatment facility instead of being arrested and placed in jail.

Whether privately owned property is a "public place" for purposes of the public intoxication statute is determined by the ________ the general public has to the property.

Because he has a revoked driver's license,John is driving his riding lawnmower on a neighborhood sidewalk on his way to a nearby convenience store.John is intoxicated.John is not committing the offense of driving while intoxicated (DWI)because he is not on the roadway.

One evening,Kevin,a campus police officer,observes Jack,a 26-year-old graduate student,walking across campus.Jack appears to be having trouble maintaining his balance and sense of direction.Kevin approaches Jack and can immediately see that Jack is intoxicated.Kevin asks Jack where he is going and Jack responds that he is walking to his off-campus apartment where he resides with his wife.Which of the following actions may Kevin lawfully take in this situation?

Blood alcohol concentration can be determined by a laboratory examination of blood,breath,or ________.

To be convicted of driving under the influence (DUI),in addition to the other elements of the offense the prosecution must establish that the accused driver was under ________ years of age.

To establish that an accused has committed the offense of driving while intoxicated (DWI),the prosecution is required to prove that the accused knew he or she was intoxicated.

Jean,a deputy sheriff,discovers Sheila passed out in an alley on a cold winter night.Jane awakens Sheila and discovers she is somewhat confused and incoherent.Sheila admits that earlier in the evening she was drinking wine.An empty wine bottle is on the ground beside her.In this circumstance,Jean may lawfully:

A primary element of the offenses of public intoxication,driving while intoxicated,intoxication assault,and intoxication manslaughter is that the offender was intoxicated at the time of the offense.Explain the definition of the term "intoxicated" under Texas law.

In intoxication manslaughter prosecutions,a ________ link between the intoxicated state of the driver and the death of the victim must be proven.

An individual who is intoxicated in his own home commits no violation of Texas law.

Late one winter night while on patrol,Oscar,a deputy sheriff,observes an automobile parked along the side of a busy highway.Oscar stops to investigate and finds Ray slumped over the steering wheel asleep with the car's ignition turned off.Oscar awakens Ray and observes that Ray's speech is slurred,his eyes bloodshot,and he smells of the odor of alcohol.Oscar would be legally justified to arrest Ray for:

Intoxication manslaughter is the appropriate charge when a manslaughter occurs and either the perpetrator or the victim were intoxicated at the time of the incident.