What is the legal definition of intoxication?
The legal definition of intoxication in Texas is: • not having the normal use of mental 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 substances into the body; OR • having an alcohol concentration of 0.08 or more. One must understand that the Prosecutor only needs to prove one of the three ways in order to obtain a conviction. Therefore, if there is no Breath or Blood Test and the person has the normal use of their physical faculties, yet a jury believes that he or she lost the normal use of their mental faculties, they should find the person guilty. However, it has been our experience that people will lose both the normal use of their physical and mental faculties together. If the evidence shows they only lost one of them and not the other, there is a logical explanation for that, meaning, they are not intoxicated (Not Guilty). Even though most people talk about “drun
