THE DEFINITIONS OF INTOXICATION IN A TEXAS DWI OFFENSE

Texas defines intoxication for a Driving While Intoxicated offense one of three ways.  First a person's blood or breath or urine results are over a legal limit.  This is what we call the per se law. It does not matter that the person does not act intoxicated or even if the person's normal abilities are ok, if they are over the limit they can be found guilty. The next two ways are defined as loss of normal use of mental or physical faculties based upon the consumption of alcohol, drugs, dangerous drugs, a combination of the two or any other substance.