The State does not have to allege in the charging instrument which definition of "intoxicated" PC §49.01(2) the defendant is going to be prosecuted under. The definitions of "intoxicated" do not create two manners and means of committing DWI. The conduct proscribed is the act of driving while intoxicated. The two definitions only provide alternative means by which the State can prove intoxication and therefore are not required to be alleged in the charging instrument. State v. Barbernell, PD-0867-07.