DWI (Driving while intoxicated) is a named offense in the penal code. CWI(Carrying while intoxicated) is not, and a person arrested for carrying a handgun while intoxicated would be charged with "Unlawful Carry of Handgun by License Holder".
An interesting tidbit, and a fact that resulted in proposed legislation;
Notice that in chapter 49 the definition of intoxication reads, "In this chapter", meaning chapter 49. That means that the definition there does not extend to other chapters of the code. A bill was introduced last session that would have added another definition of intoxication to chapter 46. Currently chapter 46 has THIS definition in 46.06
(1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body.
, but again, that only applies to section 46.06.
In the code, definitions are either made for the entire code, reference by the phrase "in this code", by the chapter, referenced by the phrase "in this chapter" or by the part of a chapter, referenced by "in this section".
In chapter 1, terms such as bodily injury are defined and apply to the entire code.
In chapter 49, intoxication is applied to only chapter 49.
In chapter 46, we find a term that has two different definitions within the same chapter; "premises". In 46,02 premises is defined as real property or a recreational vehicle being used as a living quarters. In 46.03 and 46.035, premises has a much more narrow definition, meaning a building or portion of a building. Those specific sections of chapter 46 each list the specific definition for that specific section. However, those definitions only to those specific sections.
When section 46.02 says it is unlawful to carry a handgun unless you are on your own premises, the term premises mean real property or a recreational vehicle. When 46.03 says it is unlawful to carry on the premises on a school, it only means a building or portion of a building.
When a term is not defined in the code the standard definition is used.
Technically there is no definition of intoxicated in the code for use in 46.035. However, prosecutors and defense attorneys whom I have spoken to have all indicated that for practical purposes, the definition of 49.01(2)(A)
The bill that was introduced, but did not pass, was HB153, 83rd Regular Session
A BILL TO BE ENTITLED
AN ACT
relating to the definition of intoxicated for purposes of certain
weapons offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.01, Penal Code, is amended by adding
Subdivision (18) to read as follows:
(18) "Intoxicated" has the meaning assigned by Section
49.01.
That bill would have also deleted the definition in 46.06 since the definition above would have applied to all of chapter 46.
