Schultz v. State

OPINION

COHEN, Justice.

A jury found appellant guilty of driving while intoxicated. The trial court assessed punishment at five days confinement and a $400 fine.

Appellant’s first point of error contends that the trial court erred in overruling his motion to quash the information, because Tex.Rev.Civ.Stat.Ann. art. 6701Z-1 sec. (a)(2)(B) (Vernon Supp.1987), is unconstitutionally vague. Article 6701Z-l(a)(2)(B) provides that:

“Intoxicated” means: having an alcohol concentration of 0.10 percent or more. Article 6701Z-l(a)(l) defines alcohol concentration as:

(A) the number of grams of alcohol per…