Per Se DWI refers to a DWI case based on a driver’s alcohol concentration reaching the legal threshold established by Texas law. In Texas, a person is considered intoxicated if they have an alcohol concentration of 0.08 or more, although Texas DWI law also recognizes intoxication based on impairment of normal mental or physical faculties. A BAC of 0.08 or higher can therefore be important evidence in a DWI prosecution.