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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
Addison, Texas 75001
Local: CALL NOW (972) 599 4100
Toll free: (877) 628 9610
Fax: (972) 599 7811
DWI / DUI Attorney / Lawyer- Serving the Dallas Fort Worth, North Texas area