Under the former law a person was "presumed intoxicated" at .10. But I am having trouble finding a similar presumption under the new section (TPC 49.01).

Does anyone know where code says a person is presumed intoxicated at .08? Any help is appreciated.

Thanks
Stuart

The presumption was removed several years ago. It was replaced with a per se intoxication at .10. Since then, the number has been reduced to .08.

Of course, that refers to your blood/alcohol level at the time of driving. And then we were Mata-cized.

3:45 AM, Whataburger drive thru...'nuff said?

To expand on Bradley, intoxicated is defined as having a BAC .08 or more. This is different than a rebuttable presumption that .10 or more did not have normal use.