A primary element of the offenses of public intoxication, driving while intoxicated, intoxication assault, and intoxication manslaughter is that the offender was intoxicated at the time of the offense

Question

Explain the definition of the term "intoxicated" under Texas law.

Answer 1

Texas statute sets forth two definitions of the term "intoxicated." The first is known as the per se standard and is defined as having a blood alcohol concentration (BAC) of 0.08 or greater. If the individual's BAC meets this standard, the individual is legally intoxicated irrespective of the effect the alcohol has on their physical or mental capabilities. This standard is useable only in cases of alcohol-based intoxication. It is the primary standard used in driving while intoxicated, intoxication assault, and intoxication manslaughter cases where a breath, blood, or urine test has been administered.

The second standard of intoxication is derived from the effect the ingested substance has on the individual's mental and physical faculties. While the standard may also be used in cases of alcohol consumption, it is the only standard useable when intoxication is the result of ingestion of drugs or other substances. This standard exams whether the individual lacks "normal use" of their mental or physical faculties due to the ingestion of the substance. It is the primary criterion used in public intoxication cases but may also be used in driving while intoxicated, intoxication assault, and intoxication manslaughter cases when no breath, blood, or urine test is administered.