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Intoxicated defined

What does “intoxicated” mean?

You need not be drunk to be “intoxicated,” but if you are drunk, you must be intoxicated. “Intoxicated” is defined by the DWI statute in three ways:

First, you are “intoxicated” when you have lost the normal use of your mental or, second, physical faculties by ingesting an alcoholic beverage, a drug, a controlled substance, or any combination thereof. The law makes no distinction between the use of prescribed medication and illegal narcotics for the purposes of DWI intoxication. Additionally, there is no requirement that you actually intended to become intoxicated.

Third, you are “intoxicated” when you have a breath or blood alcohol concentration of .08 or more in your body at the time of the vehicle operation. There is no per se level of intoxication as it relates to ingesting a drug or a controlled substance.


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