Call  for a free consultation with a
lawyer in the Dallas area on your
DWI case.

DWI Elements
that must be proven
by the police and prosecutors to
convict:


To prove a person has committed a DWI,
there must be proof beyond a reasonable
doubt that a defendant:

1) was intoxicated

2) while operating

3) a motor vehicle

4) in a public place.  

Further definition of what these terms mean:

1) The Defendant was intoxicated:   This
can be done through either a) blood, urine,
or breath tests, or b) by Standard Field
Sobriety Testing, in other words, the officer's
observations accompanied by his training
and expertise in the area.

2)  While operating:    A person must be
operating a motor vehicle.  Person in the car,
keys in the ignition and the vehicle is
operable are usually the main
considerations.  

3) A motor vehicle:  Any vehicle that is
operated by a motor.

4)  In a public place:  the Texas Penal Code
49.04(a) says that a public place is a place  
which the public or a substantial group of the
public has access to.  This includes, streets,
highways and the common areas of
schools, hospitals and apartment houses,
office buildings, transport facilities and ships.
Law Office of Doug Goyen
15851 North Dallas Parkway #600
Addison, Texas  75001
Local: CALL NOW
Phone:                 
(972) 599 4100  
Fax:                       (972)
398 2629
DWI / DUI Attorney / Lawyer- Serving the Dallas Fort Worth, North Texas area
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