Texas Court of Appeals, 1st District (Houston) April 4, 1985, 01-84-0529-CR (Scherlie v. State)

OPINION

COHEN, Justice.

The appellant was convicted by a jury of driving while intoxicated and the court assessed punishment of 120 days in jail, probated for two years, and a $350.00 fine.

The first ground of error asserts that the court erred in instructing the jury that intoxication is defined as having an alcohol concentration of 0.