By Collin County Criminal Defense Lawyer Jeremy Rosenthal
Chapter 49 of the Penal Code defines intoxication for the purposes of a Driving While Intoxicated (DWI) case three different ways. A person is intoxicated if “they do not have the normal use of their mental faculties; do not have the normal use of their mental faculties; or have a blood alcohol concentration of 0.08 or greater…”
Not Having the Normal Use
Herein lies a classic struggle between prosecutor and defense attorney. The term “normal use” is usually defined by the judge only to be a “normal non intoxicated person.” That’s all the clarification a jury gets. It’s as clear as mud.
What the prosecution will often attempt to do — as early as jury selection — is manipulate the definition of “normal” to make it as slight a burden as possible. The less drunk they have to prove…
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