DWI – What the State Must Prove

What do the prosecutors / police have to prove in a Driving While Intoxicated case (DWI) in Texas?

DWI Elements:

The State must prove the following elements to prove a DWI:
1) Defendant intoxicated
2) operating
3) motor vehicle
4) public place.

1) Defendant intoxicated: Done 3 ways:
a) if there is a 0.08 concentration of alcohol, done via breath, blood or urine test.
b) Defendant doesn’t have normal use of mental faculties due to introduction of alcohol,
c) Defendant doesn’t have normal use of physical faculties due to alcohol.

2) Operating: State must put a Defendant “behind the wheel”. Must be proof Defendant was operating the vehicle in order to show DWI.

3) Motor vehicle: Any vehicle driven by a motor.

4) Public place: Places where the public has access to, or substantial part of public has access to. DWI must be in a “public place” in order for it to be against the law.

If you are reading this information, you likely are looking for assistance with a case. Contact our Dallas DWI Lawyers for a free consultation, we can help.