"Intoxicated" means which of the following?

• A. A not having the normal use of mental or physical faculties due to the introduction of alcohol, drugs, or other substances
• B. A having an alcohol concentration of 0.08 or more
• C. Neither A nor B
• D. Both A and B

Answer: (D)

Intoxicated is defined by two independent criteria. First, a person is intoxicated if they are not using their normal mental or physical faculties because of alcohol, drugs, or other substances. Second, a person is intoxicated if their blood alcohol concentration is 0.08 or more. The best answer reflects both ways the law recognizes intoxication: it can be proven by impairment or by meeting the 0.08 BAC threshold. This means someone could be intoxicated with impairment even below 0.08, or with a BAC of 0.08 or higher even if impairment isn’t obvious.