DWI – Normal Use of Physical or Mental Faculties

DWI Elements:

The elements of a DWI are:
1) The Defendant was intoxicated
2) while operating
3) a motor vehicle
4) in a public place.

Further definition of what these terms mean:

1) Defendant was intoxicated: There are three ways the State can
show intoxication

a) by having an alcohol concentration of 0.08 or more,

b) by not having the normal use of mental faculties by reason of alcohol, drug, or combination,

c) by not having the normal use of physical faculties by reason of alcohol, drug, or combination.

2) While operating: The State must prove that you were behind the wheel of a motor vehicle while you were intoxicated. You must be in control of the vehicle, or have the power to direct or regulate the vehicle. This means that if you are behind the wheel with the keys in the ignition and the vehicle is operable, then most likely the State can meet its burden.

3) A motor vehicle: It must be a motorized vehicle.

4) In a public place: Public place means a place where the public (or a substantial group of the public) has access.