Intoxication from Inhaling Abusable Glue or Aerosol Paint

In Ferguson v. State, 2 S.W.3d 718 (Tex. App.--Austin 1999, no pet.) another prosecution for driving while intoxicated, the court defined "intoxicated" as "not having the normal use of one's physical or mental faculties by reason of the introduction of alcohol, a controlled substance, a drug, a substance or its vapors that contain a volatile chemical, an abusable glue, or an aerosol paint, or a combination of two or more of these substances into the body." See id. at 720. There was no evidence that the defendant was intoxicated as a result of inhaling a volatile chemical, an abusable glue, or an aerosol paint. We held that this instruction, which conformed to the information, erroneously authorized the defendant's conviction on a theory not supported by any evidence and was, under the circumstances, calculated to injure the defendant's rights. See id. at 723; see also Almanza v. State, 686 S.W.2d 157, 171 (Tex. Crim. App. 1985) (op. on reh'g); Tex. Code Crim. Proc. Ann. art. 36.19 (West 1981).