Without intent there can be no crime. A temporary order pending a hearing and final order on the matter. These answers may be used against that party at trial. A person is legally intoxicated when impaired to such a level the person is a danger to him or herself or to others. Drunk driving laws set intoxication as that level of impairment where one cannot operate a vehicle in a reasonably safe manner.
Most states have laws establishing presumptive levels of intoxication.
In many states that level is .08. However, almost any related issue can be argued to tend to prove something of consequence in the trial. The judge must rule on issues of relevancy based on fairness, due process and judicial expediency. Inc. All rights reserved.