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first of all the person has to be driving if you parked on the side of the road that doesn't count if you're not driving if you're a passenger then that doesn't count so you have to be behind the wheel and the vehicle has to be moving to be considered a driver and then you have to be considered impaired or intoxicated and in Texas that means that your blood alcohol level is point zero eight and that can be determined through a breathalyzer or through blood if you below that legally you're not considered intoxicated or a pair but every states different in Texas is point zero eight so if your blood I calls them above that and here behind the wheel in a moving vehicle you would be a drunk driver you