PJC General Negligence 2022

PJC 5.1

N EGLIGENCE P ER S E

would have performed. Benoit v. Wilson , 239 S.W.2d 792, 798 (Tex. 1951); see also JBS Carriers v. Washington , 564 S.W.3d 830, 836–37 (Tex. 2018). If driving while intoxicated is negligence per se, the following instruction could be used in lieu of that in PJC 5.1: The law forbids driving a motor vehicle in a public place while intoxicated. The presence of an alcohol concentration in the blood of 0.08 percent or more is intoxication. Failure to comply with this law is negligence in itself. If driving while intoxicated is not negligence per se, intoxication may be considered by the jury as evidence of negligence under the broad-form question in PJC 4.1.

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