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thetexan wrote:Yeah, the definition for intoxication comes from 49.01, Offences against public safety, health and morals.

I teach all of my students that the phrase "not having the normal use of mental or physical faculties" is a very broad requirement. I say that the only time you DO have normal use of mental or physical faculties and can PROVE it, is when you have not taken any drop of alcohol. Once the first drop of alcohol is consumed the prosecutor has the beginning of a charge. And since "normal" while subjective, is clear in its definition. Just as we begin dying the moment we are born, we begin losing normal functionality to some degree the moment we consume any amount of alcohol or drug, no matter how small. The prosecutor understands that logic and will use it to his advantage.

tex