The State of Texas v. Stephen Gregory Barbernell, Appellee

Summary

The Texas Court of Criminal Appeals held that the statutory definitions of "intoxicated" under Tex. Penal Code §49.01(2) are merely evidentiary matters and need not be alleged in a DWI charging instrument; therefore the trial court should not have quashed the information for failure to specify a definition. The Court reversed and vacated the appellate court’s decision and remanded for further proceedings.