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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 Texas Penal Code provides:
Tex. Penal Code § 49.11.
Under this provision, a jury might be instructed as follows:
Proof of a culpable mental state is not required for conviction of the charged offense.
The Committee does not recommend such an instruction, because this is too likely to be a prohibited comment on the evidence.