TX HB4940

Creates a new legal defense for intoxication offenses under Chapter 49 of the Texas Penal Code (which includes DWI and related offenses)

Allows defendants to argue that alcohol consumed after the alleged offense but before the blood, breath, or urine analysis raised their blood alcohol concentration to 0.08 or higher

The defense applies when the person can show post-offense alcohol consumption caused the elevated test result, not alcohol consumed before or during the alleged conduct

Applies only to offenses committed on or after September 1, 2025

Offenses committed before the effective date remain governed by existing law