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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.
Contact Doug Goyen, Dallas DWI Lawyer / Richardson DWI Attorney for a free initial phone consultation today.