In McNally v. Addis, et al, 65 Misc2d 204 [Supreme Court of New York, Westchester County 1970] the court set forth that a generally accepted definition of legal intoxication is an impairment of capacity to think and act correctly, coupled with a loss, in part, of control of physical and mental facilities.... Also, see, VTL 1192 and 1195. The court further stated that "Whether a person is in a state of intoxication depends on many factors, to wit: whether the beverages were consumed on an empty stomach, the percentage of alcohol content in each beverage, the potential elimination of alcohol through the processes of oxidation and excretion, the physical characteristics of the consumer; all of which tends to establish the rate of absorption of alcohol in the blood stream.... Moreover, it is important to know when the drinking commenced, the quantity consumed and the time interval between the last drink and the accident."