How does the Texas legislature define “intoxicated”?
The Texas legislature defines “intoxicated” in two ways: Not having the normal use of your mental or physical faculties by reason of the introduction of alcohol or drugs (legal and illegal) into your body; or Having and alcohol concentration of 0.08 or more in your body. A prosecutor only needs to prove one of these definitions along with the other elements of DWI to get a “guilty” finding.