Texas Penal Code § 49.01 – DWI and Intoxication Definitions in Texas Law
Table of Contents
Statutory Text:
(1) “Alcohol concentration” means the number of grams of alcohol per:
&(A)& 210 liters of breath;
&(B)& 100 milliliters of blood; or
&(C)& 67 milliliters of urine.
(2) “Intoxicated” means:
&(A)& not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
&(B)& having an alcohol concentration of 0.08 or more.
Why These Definitions Matter
This statute forms the legal threshold for proving intoxication in all DUI and vehicular crime cases. Prosecutors must use these definitions to prove that a defendant:
Had a blood alcohol concentration (BAC) of 0.08 or higher
Lost normal use of faculties due to substances
Was impaired while operating a vehicle, watercraft, aircraft, or amusement ride
The statute’s language also allows for charges based on impairment even without a BAC test.
When This Law Applies
§ 49.01 applies to:
DWI arrests
Boating While Intoxicated
Operating aircraft or amusement rides under the influence
Civil lawsuits for personal injury or wrongful death
Determining presumptive intoxication in blood, breath, or urine testing
It is also used to clarify expert testimony in toxicology reports and challenge or validate field sobriety test evidence.
Example Scenario
A driver is stopped and refuses a breath test. The officer notes slurred speech, unsteady balance, and smell of alcohol. Even without a BAC result, the driver can be charged as “intoxicated” under § 49.01(2)(A) for not having normal mental or physical faculties due to alcohol.
Limitations of the Waiver
The definitions in § 49.01 are often used in civil litigation, especially in:
Personal injury cases
Wrongful death suits
Dram shop liability claims against bars or restaurants
Expert witness evaluations
A plaintiff can prove the defendant was “intoxicated” under this statute to support gross negligence or punitive damages.
Related Statutes
§ 49.04 – Driving While Intoxicated
§ 49.07 – Intoxication Assault
§ 49.08 – Intoxication Manslaughter
§ 724.011 – Implied Consent for Chemical Testing
Texas Case Law Interpreting § 49.01
Affirmed that intoxication can be proven through behavioral evidence without chemical tests.
Clarified that a jury may determine intoxication based on loss of normal use of faculties, not just BAC.
Explained that the presence of intoxicants in blood can support a finding of intoxication, even if levels are below 0.08.
Frequently Asked Questions About § 49.01
Houston Personal Injury Lawyer - Joel A. Gordon
No. Texas law allows DWI charges based on loss of mental or physical control, even without a specific BAC.
Yes. If you exhibit signs of impairment, you can still be prosecuted under § 49.01(2)(A).
Refusal does not prevent charges. Officers may rely on observations and other evidence to prove intoxication.
Yes. The definitions in § 49.01 apply to all intoxication-related offenses in the Texas Penal Code, including BWI and aviation.
Yes. They often appear in drunk driving injury claims and wrongful death cases involving alcohol.