What Is The Legal Definition Of Intoxication?
Continuing our blog entry about the definition of intoxication, today we will address the legal definition of intoxication. Texas legislature defined intoxication as "not having the normal use of
physical faculties [and
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." Also, if a person gives a breath or blood test and the results indicate an alcohol concentration of 0.08 or more.
A fact, that often gets ignored during trial, is pointing out to the jury the definition of normal. Whose normal faculties are we concerned with? Obviously, the defendant's, but to what normal do we compare it with? The officer's normal? The juries normal? The prosecutor or judge's normal?
If the jury is charged with comparing the defendant's normal use of his or her physical or mental faculties to the incident in question, then how can they determine if his performance on the test was below normal? After all a person's performance on the standard
field sobriety tests is subjective.
Categories:
DWI, Intoxicated