Under Texas Penal Code 49.04, a person commits the offense of Driving While Intoxicated (DWI) if they are: Operating a motor vehicle In a public place While intoxicated Texas defines intoxication as either: Having a blood alcohol concentration (BAC) of 0.08 or more, or Not having the normal use of mental or physical faculties due to alcohol, drugs, or any other substance The elements of a DWI in the scenario are: Operating a motor vehicle: Anthony was driving his van. Public place: The incident occurred at a public stoplight. Intoxication: Although Anthony's BAC was below the legal limit, he failed field sobriety tests, suggesting impaired faculties. Texas law allows DWI charges even when BAC is below 0.08, if the driver is impaired by any substance, including fumes like kerosene so yes, the charge is legally valid. The prosecution can argue that Anthony was intoxicated by kerosene fumes, which impaired his ability to drive safely. The statute does not require alcohol aloneit includes "any other substance" that affects mental or physical faculties. Possible Defenses include: Involuntary Intoxication This defense applies when a person becomes intoxicated without their knowledge or intent, and the intoxication renders them incapable of understanding or controlling their