You can be prosecuted even if you are innocent too. What's your point? It is not illegal to carry a long gun in Texas while intoxicated. It is illegal to carry a handgun in public if you are intoxicated. But it is possible to consume alcohol and not be intoxicated. If you are above 0.08 BAC you are intoxicated by the definition in the TXPC. If you are below that, you COULD be intoxicated, but it would be up to the prosecution. It is also not illegal to give unpaid legal advice, it is only illegal to practice law without a license. Posting on an internet forum is not giving legal advice. It is is free speech. Yeah AMERICA!YOU CAN STILL BE PROSECUTED EVEN BEING UNDER THE LEGAL LIMIT! MAYBE YOU SHOULD NOT BE TRYING TO GIVE LEGAL ADVICE!