Tabitha channelPublished on 2019 October
The underlying rationale is that the intoxicated individual cannot possess the requisite mental state necessary to establish the offense. Generally, an intoxicated person is incapable of acting as an ordinary prudent and cautious person would act under similar conditions. In recognition of this factor, the law may allow intoxication to be used as a defense to certain crimes. When this occurs, service of alcoholic beverages to that customer must be stopped immediately.
The longer alcohol stays in the stomach, the longer it takes to be absorbed, lowering the rate of intoxication. There is no single indicator that will specifically identify visible intoxication. Vomiting: You may begin to vomit as your body tries to rid itself of the ethanol in your system Confusion and lethargy: You may become disoriented, unaware of where you are. Acts , 82nd Leg. For the purpose of enforcing this subsection, the court that enters an order under this subsection retains jurisdiction over the defendant until the date on which the device is no longer required to remain installed.