Quick answer: Texas law defines intoxicated two ways: a blood alcohol concentration of 0.08 or more, OR losing the normal use of your mental or physical faculties due to alcohol, drugs, or any combination. That means you can be charged below 0.08 — and prescription medications count.
“Intoxicated” is the heart of every DWI case, and Texas gives the state two independent paths to prove it: the per-se 0.08 BAC standard and the “loss of normal use” standard.
This video explains what that means in practice — why you can be arrested under 0.08, how prescription and over-the-counter drugs fit in, and how a defense attorney attacks both theories: challenging the accuracy of the test on one side, and the officer’s subjective impairment opinion on the other.
Related reading: Texas DWI Explained: What is Intoxicated?- Criminal Defense Video
Contact Stephen T. Bowling, DWI & Criminal Defense Attorneys for a free consultation — we answer these questions about your specific case, at no cost and no obligation.
