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Your Texas DWI Lawyer wants you to be well informed. We are providing the Texas Code (excerpts of the actual Texas DWI law) to keep you abreast of the latest new DWI laws in the State of Texas.

Note: These excerpts are for informational purposes only. Please consult your Texas DWI Lawyer for legal advice if you are facing issues with the DWI (also known as DUI) law in Texas.

§ 49.10. NO DEFENSE.

In a prosecution under Section 49.03, 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, the fact that the defendant is or has been entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense.

Added by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994. Amended by Acts 1999, 76th Leg., ch. 1364, § 14, eff. Jan.
1, 2000; Acts 2003, 78th Leg., ch. 787, § 3, eff. Sept. 1, 2003.

§ 49.11. PROOF OF MENTAL STATE UNNECESSARY.

(a) Not withstanding Section 6.02(b), proof of a culpable mental state is not required for conviction of an offense under this chapter.

(b) Subsection (a) does not apply to an offense under Section 49.031

Added by Acts 1995, 74th Leg., ch. 318, § 22, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 969, § 4, eff. Sept. 1, 2001.

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