Relating to a defense to prosecution for certain intoxication offenses.

HB 4940 creates a new defense for individuals charged with certain intoxication offenses in Texas, specifically those where a blood, breath, or urine test shows an alcohol concentration of 0.08% or higher. The defense applies if the person consumed alcohol *after* the alleged offense but *before* the test was administered, which raised their measured concentration. This bill directly affects people facing prosecution for offenses under Chapter 49 of the Texas Penal Code (like DUI) who can prove post-offense alcohol consumption. The law will only apply to offenses committed on or after its effective date of September 1, 2025, and does not change past prosecutions.