Penal Code §49.01: Definition of "Intoxicated"

The Penal Code §46.03 previously prohibited the carrying a handgun under the authority of an LTC while intoxicated. Per HB 1927, the prohibition against carrying while intoxicated has been moved to Penal Code §46.02 and therefore only applies to the unlicensed—it does not apply to LTC holders. However, there remain important reasons why a license holder should not carry while intoxicated.

According to Penal Code §49.01, “intoxicated” means:

• Having an alcohol concentration of 0.08 or more or…
• 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.