DWI Legal Limit for Intoxication

For you to be guilty of DWI under Texas Law, the State must prove that you were "Intoxicated" at the time you were operating a motor vehicle. The State can prove you were "Intoxicated" in one of three ways:

  1. You did not have the normal use of your mental faculties; Or
  2. You did not have the normal use of your physical faculties; Or
  3. You had a BAC over the legal limit of 0.08.

The jury does not have to be unanimous on the manner and means of intoxication, only that the person was intoxicated. It is also important to note that intoxication must occur and be proven to occur while driving. If you did not give a breath or blood sample, then the State's "opinion" that you were intoxicated must be good enough to prove you were intoxicated beyond all reasonable doubt.

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