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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 1) by having an
alcohol concentration of 0.08 or more,
2) by not having the normal use of
mental faculties by reason of alcohol,
drug, or combination, 3) 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.  
Law Office of Doug Goyen
15851 North Dallas Parkway #600
Dallas, Texas  75001
Local:                     (972) 599 4100  
Fax:                        (972)  398 2629
Serving the Dallas Fort Worth. North Texas area
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