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ScottDLS wrote:However, the definition of intoxication is in the law and must be established as a fact at trial if it is an element of the offense.

I'd also like to add that there are decades of applicable case law defining how intoxicated must be proven in a court of law. There are many attorneys that have DUI defense as a large part of their income. Ask any of them and they will be the first to tell you that it is ten times easier for them to defend someone charged with intoxication. That in large part is why they changed the law to define add the specification that 0.08% will be regarded as proof of intoxication.