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certainly when you’re dealing about with
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DWI the key one of the key components is
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intoxication so the question was did you
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intentionally intoxicate yourself or was
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there some sort of involuntary
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circumstance or the defense being
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involuntary intoxication sometimes
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persons may be but may be taking better
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medication and not and not willfully
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know that they are intoxicating
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themselves because of completely legal
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behavior so that’s always something that
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needs to be it needs to be covered the
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idea of having a blood alcohol level of
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above point O eight or above that needs
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to be explored as well intoxication or
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behavior of intoxication
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is kind of a subjective determination if
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you’re just talking about a person the
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way they’re behaving one person may
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behave differently than another a
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person’s balance may be completely
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different than another that has nothing
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to do with the actual introduction of
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alcohol into your system so I think the
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big litmus test nowadays in the modern
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area to pay at least the past five years
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is the advent of blood search warrants
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or moving away from breath tests to
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blood tests and the idea that a
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definitive of chemistry analysis of a
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person’s blood is going to show
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definitively if that person is breaking
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the law or not but there’s a whole whole
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vast array of circumstances about the
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circumstances of that so-called
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chemical analysis that needs to be
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explored before you can determine if
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they’re actually intoxicated or not