▶ Watch: What Counts as "Intoxicated" Under Texas Law?
People often assume a DWI is all about the 0.08 number, but Texas law defines "intoxicated" more broadly than that — and understanding it is key to understanding your case.
Under the Texas Penal Code, a person is intoxicated if they have lost the normal use of their mental or physical faculties due to alcohol, drugs, or any other substance — or if they have a blood or breath alcohol concentration of 0.08 or more. That means the State can pursue a DWI even without a 0.08 result, by trying to prove impairment through the officer's observations and the field sobriety tests. It also means a high number is not the end of the story, because those tests and the science behind them can be challenged.
Because "intoxication" can be argued two different ways, how the evidence is handled matters enormously. Brian Foley served on the Vehicular Crimes Team and knows how the State proves — and fails to prove — intoxication. If you are facing a DWI, the definition is where the fight begins.
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