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Texas - Cross alcohol level twice legal limit

PostPosted: Tue Mar 06, 2007 12:39 pm
by shrekjr
UT student in fatal fall had blood alcohol level twice legal limit, officials say
Texas Alcohol and Beverage Commission is investigating how Tyler Cross got alcohol.

http://www.statesman.com/news/content/news/stories/local/03/07/7cross.html

PostPosted: Tue Mar 06, 2007 3:22 pm
by Danny Hogan
i hate to focus on semantics in a tragic story, but is there is not really a ''legal limit'' if you are not operating a vehicle.

although tx law may be different than florida law.

PostPosted: Tue Mar 06, 2007 9:14 pm
by henrij4
In October 2006 we had a similar death of a student whom fell two stories and had a BAC twice the legal limit. I now in mn if you are above .18 you spend the weekend in detox.

PostPosted: Tue Mar 06, 2007 9:22 pm
by BigheadTodd
Danny Hogan wrote:i hate to focus on semantics in a tragic story, but is there is not really a ''legal limit'' if you are not operating a vehicle.

although tx law may be different than florida law.


If you want to split hairs, if he was under 21, anything over 0.0 is over the legal limit.

PostPosted: Tue Mar 06, 2007 9:36 pm
by Danny Hogan
BigheadTodd wrote:
Danny Hogan wrote:i hate to focus on semantics in a tragic story, but is there is not really a ''legal limit'' if you are not operating a vehicle.

although tx law may be different than florida law.


If you want to split hairs, if he was under 21, anything over 0.0 is over the legal limit.


For driving...it is not illegal to be drunk if you are not bothering anyone. it is illegal for minors to posess

PostPosted: Tue Mar 06, 2007 10:01 pm
by somrandomguy
Danny Hogan wrote:
BigheadTodd wrote:
Danny Hogan wrote:i hate to focus on semantics in a tragic story, but is there is not really a ''legal limit'' if you are not operating a vehicle.

although tx law may be different than florida law.


If you want to split hairs, if he was under 21, anything over 0.0 is over the legal limit.


For driving...it is not illegal to be drunk if you are not bothering anyone. it is illegal for minors to posess


You're not seeing the forest for the trees here. The issue is not the legal limit for BAC- the issue is the fact that he was under 21 and very, very drunk.

PostPosted: Tue Mar 06, 2007 10:06 pm
by Brent Burns
Not really focusing on the BAC issue, we all understand that the police is interested in investigating how Tyler Cross got alcohol. Of course, no details are given.

Since the tragic incident occured last November, 2006, why is it taking so long for them to wait for the autopsy report since today is March 6, 2007? Guess there is a backlog of autopsy reports to be done.

PostPosted: Tue Mar 06, 2007 11:12 pm
by Danny Hogan
which is why i prefaced it with "i hate to focus on semantics in a tragic story"

they throw in the line 'twice the legal limit' to sensationalize the story. he wasn't driving a car.

PostPosted: Thu Mar 08, 2007 3:06 am
by Jana
I would be interested to know the "legal limit" in the state of Texas for public intoxication. This may have been what the paper was referring to in their semantics.

PostPosted: Thu Mar 08, 2007 6:59 am
by Sonny
Jana wrote:I would be interested to know the "legal limit" in the state of Texas for public intoxication. This may have been what the paper was referring to in their semantics.


Not sure there can be a public intoxication charge if he he is in a private residence (apartment) on private property.

PostPosted: Thu Mar 08, 2007 8:34 am
by Beta
I think the point they are getting at is nothing more than "Underage and drunk".

Were there any witnesses to what happened? Ive read articles and things on it but havent found anything other than he was found then brought to the hospital.

PostPosted: Thu Mar 08, 2007 8:39 am
by Sonny
Beta wrote:I think the point they are getting at is nothing more than "Underage and drunk".


Then "they" should get their facts right. Call a spade a spade.

I agree with Danny that they are trying to sensationalize the story.

PostPosted: Thu Mar 08, 2007 9:08 am
by Beta
Sonny wrote:I agree with Danny that they are trying to sensationalize the story.


Of course they're trying to sensationalize the story, it's a newspaper. Perhaps also giving some sort of comparison for how drunk he was as opposed to saying "he had alcohol in his system".

PostPosted: Thu Mar 08, 2007 10:39 am
by Campbell
Sonny wrote:
Jana wrote:I would be interested to know the "legal limit" in the state of Texas for public intoxication. This may have been what the paper was referring to in their semantics.


Not sure there can be a public intoxication charge if he he is in a private residence (apartment) on private property.


Apparently the legal limit for PI is the same as it is for driving, but I would agree with Sonny, if you are on private property it probably doesn't matter, or at least it shouldn't.

Texas PI

PostPosted: Thu Mar 08, 2007 2:18 pm
by Karl Lynch
Here are the statutes:

"Intoxicated" means: (A) 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; or (B) having an alcohol concentration of 0.08 or
more.

§ 49.02. PUBLIC INTOXICATION. (a) A person commits an
offense if the person appears in a public place while intoxicated to
the degree that the person may endanger the person or another.

§ 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (a) A minor
commits an offense if he consumes an alcoholic beverage.

Consumption by a minor whether in public or private is a crime.

In Texas, it is an affirmative defense to the crime if the crime was committed within the visible presence of your parents, guardian, or spouse.