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My AccountChapter 49
- 49.1 Definition of “Intoxication”
- 49.2 Definition of “Motor Vehicle”
- 49.3 Definition of “Operate”
- 49.4 “Synergistic Effect” Instruction
- 49.5 “No Defense” Instruction
- 49.6 “No Culpable Mental State Requirement” Instruction
- 49.7 “Refusal” Instruction
- 49.8 Limited Use of Breath Test Evidence
- 49.9 “Involuntary Intoxication” Defense Instruction
- 49.10 Necessity Defense Instruction
- 49.11-49.15 Reserved
- 49.16 Instruction—Misdemeanor Driving While Intoxicated (with Necessity Defense)
- 49.17 Instruction—Driving While Intoxicated with Child Passenger
- 49.18 Instruction—Misdemeanor Flying While Intoxicated
- 49.19 Instruction—Misdemeanor Boating While Intoxicated
- 49.20 General Comments on Felony Enhanced Offenses
- 49.21 Instruction—Felony Driving While Intoxicated (Two Prior DWI Convictions)
- 49.22 Instruction—Felony Driving While Intoxicated (Prior Intoxication Manslaughter Conviction)
- 49.23 General Comments on Death or Injury Intoxication Offenses—Causation
- 49.24 Instruction—Intoxication Manslaughter
- 49.25 Instruction—Intoxication Assault
Comment
The instructions in this chapter do not define the term operate. The court of criminal appeals in Kirsch v. State, 357 S.W.3d 645 (Tex. Crim. App. 2012), held that the trial court erred in defining the term in jury instructions. “[N]othing in our case law suggests that a risk exists that jurors may arbitrarily apply an inaccurate definition to the term ‘operate’ or that an express definition is required to assure a fair understanding of the evidence.” Kirsch, 357 S.W.3d at 650.