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What Does Intoxicated Mean?
A person
need not be drunk to be "intoxicated" but a person who
is drunk must be intoxicated. "Intoxicated" is defined
by the DWI statute in two ways. First, a person is
"intoxicated" when she drives and, when, through the
use of an alcoholic beverage, drug, controlled substance, or any
combination thereof, has lost the "normal" use of
either her "mental" or "physical" faculties.
Second, a person is "intoxicated" when she drives and
has an alcohol concentration of .08 or more in her body.
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