Thomas J. Daley
Thomas J. DaleyKoonsFuller, P.C. - Texas Family Law Powerhouse
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FAQ/Question

What is the legal definition of intoxicated in Texas?

This question has been addressed in 1 Texas court opinion:

Obadagbonyi v. State

COA14 — February 24, 2026

In Obadagbonyi v. State, a defendant appealed his DWI conviction, arguing that the trial court erred by admitting evidence of his 'refusal' to provide a specimen when the officer failed to provide the mandatory statutory warnings. The Fourteenth Court of Appeals performed a harmless error analysis under Texas Rule of Appellate Procedure 44.2(b), assuming the trial court erred but concluding that the error did not affect the defendant's substantial rights. The court held that because the record contained 'overwhelming' evidence of intoxication—including a blood-alcohol concentration (BAC) of 0.206 and clear physical impairment—the procedural misstep was immaterial to the final judgment.

Litigation Takeaway

“Technical procedural errors or exclusionary rules in a criminal DWI case often provide a false sense of security in parallel family law litigation; if substantive evidence like a high BAC exists, the court will likely treat procedural mistakes as 'harmless' when determining the best interest of the child.”

Thomas J. Daley

Texas Family Law Litigation

Sophisticated litigation strategies for Texas families. Experience, integrity, and results when it matters most.

Targeted Resources

  • Divorcing a Narcissist
  • Dividing Retirement Assets
  • Fathers' Involvement
  • High-Asset Divorce

Contact Info

  • 1-972-769-2727
  • tdaley@txfamlaw.com
  • 5700 W. Plano Parkway Ste 2200, Plano, TX 75093
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