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Oldgringo wrote: I have to think there is more to it than that. Last Thursday, my newest best friend (a professional guy almost the same age as me) and I were enjoying ourselves shooting our .22's at a little private and impromptu range here in the sticks. He suggested that when the weather gets nicer we could bring a cooler and have a snort or two AFTER we get through shooting.

Who's going to drive home?

The same person who (a) drives home after he has a drink during happy hour after work, (b) drives home after he has a beer while watching the Super Bowl at a friend's house, (c) drives home after he takes communion, (d) drives to work the next morning after he has a glass of wine with dinner at home.

Keith B wrote:So, while I agree about the absence of alcohol helping, just remember; you could have just one beer and it, combined with other substances in your body, would make you legally intoxicated.

I agree and you could be intoxicated with no alcohol in your body.

The primary definition of intoxicated in 49.01 is clear. It's "not having the normal use of mental or physical 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 substance into the body." Notice that there's no loophole for OTC or prescription drugs. There's also no loophole for normal food and drink if that impairs someone's mental or physical faculties, for example if they're caffeine sensitive, diabetic or have severe food allergies.

The other Jim is right that not drinking alcohol removes the breath test from the equation, but so does staying under the limit.