Intoxication
The Law
Intoxication: Section 49.01 of the Texas Penal Code defines intoxication as "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 having an alcohol concentration of .08 or more."
Public Intoxication: Section 49.02 of the Texas Penal Code makes public intoxication a crime. Appearing in a public place while intoxicated to the degree that he/she may be a danger to himself/herself or others is a Class C misdemeanor, punishable by a fine up to $500.
Sale to Intoxicated Person: Section 101.63 of the Texas Alcoholic Beverage Code makes it a crime to sell alcoholic beverages to an intoxicated person. Selling alcohol to an intoxicated person is a misdemeanor punishable by a fine of not less than $100 nor more than $500 and/or up to a year in jail. Bartenders, wait staff and store clerks are legally obligated to look for signs of intoxication and to refuse to continue serving someone who appears to be intoxicated.
Signs Of Intoxication
Alcohol affects different people in different ways. Just two or three drinks can cause some people to act in ways that they normally would not. Loud or slurred speech, exaggerated movements and unsteady balance are the most common symptoms exhibited. One of these signs alone may not be cause to suspect intoxication. However, a combination of any of these would lead someone to suspect that the person is intoxicated or becoming intoxicated.
Coordination:
- Stands with feet wide apart for balance.
- Leans against structure for support.
- Fumbles with wallet or money.
- Slurs or trips over words while ordering.
Reduced Judgment and Inhibitions:
- Becomes overly excited.
- Speaks loudly and/or profanely.
- Throws objects.
- Giggles or laughs for no apparent reason.
Vision:
- Red or watery eyes.
- Droopy eyelids or tired appearance.
- Squints continuously.
- Closes or covers one eye to remove double vision.
Reflexes:
- Slow or deliberate movements.
- Slow or no response to questions.
- Slow or no reaction to actions such as spilling a beer on oneself.
Manners & Appearance:
- Frequently rubs hands through face and hair.
- Sometimes has involuntary eye movement.
- Frequent trips to the bathroom.
- Strong, stale odor of alcohol.