Driving while intoxicated charges are one of the most common charges that are filed across the State of Texas.  Over the last decade the laws associated with DWI charges have changed greatly.  This page is intended to help assist those that have been charged with driving while intoxicated understand the laws associated with this type of case.  If you would like to discuss your DWI case with an experienced lawyer after reviewing the information below, feel free to call our driving while intoxicated attorneys at 214-321-4105.

Understanding DWI Laws And Charges

ELEMENTS OF THE CRIME OF DRIVING WHILE INTOXICATED:  Offense of driving while intoxicated (DWI) occurs when an individual: (1) is intoxicated, and (2) operates a motor vehicle in a public place.  The definition of driving while intoxicated is easy enough to understand.  However, there are many different scenarios where a DWI case can become very complex.  Stated more specifically, the elements of the offense of driving while intoxicated (DWI) are: (1) a person; (2) is intoxicated; (3) at the time of; (4) operating; (5) a motor vehicle; (6) in a public place.

OPERATION OF A VEHICLE:  Person cannot be convicted of driving while intoxicated (DWI) unless he is actually driving or operating the motor vehicle.  For purposes of a charge of driving while intoxicated (DWI), “operating” a motor vehicle is interpreted very broadly, as taking action to affect the functioning of the vehicle in a manner that would enable the vehicle’s use, and encompassing any action that is more than mere preparation toward operating the vehicle.  This does not mean that every action related to a vehicle is considered operating.  For example, we have seen defendants who have entered their vehicle to either (1) place something in their car or (2) get something out of their car be charged with operating a vehicle.  This is not enough to establish the operation of that vehicle and should be contested.  In order to support a charge for driving while intoxicated (DWI), there must be a temporal link between the defendant’s intoxication and the defendant’s driving.

PROVING WHAT A PERSON CONSUMED:  For purposes of the statute proscribing driving while intoxicated (DWI), proving an exact intoxicant is not an element of the offense.  For purposes of the offense of driving while intoxicated (DWI), the substance that causes intoxication is not an element of the offense.

PUBLIC PLACE:  To support conviction for driving while intoxicated (DWI), evidence must show that defendant drove motor vehicle while intoxicated on public road, street, highway, or alley. In determining whether an area is a public place for purposes of driving while intoxicated (DWI) statute, the relevant inquiry is whether the public has access to the place.

MENTAL STATE:  The offense of driving while intoxicated is a strict liability crime meaning that it does not require a specific mental state, e.g., intentionally, knowingly, or recklessly intending to operate a motor vehicle while intoxicated, but only requires proof that a person on a public roadway voluntarily operating a motor vehicle while intoxicated.  Proof of a culpable mental state is not required for a driving while intoxicated (DWI) conviction; however, an essential element of DWI is voluntary intoxication.

IMPAIRED THEORY OF INTOXICATION:  Under the impaired theory of intoxication, as it applies to the offense of driving while intoxicated (DWI), a person is intoxicated if the person does not have the normal use of mental or physical faculties by reason of the introduction of alcohol into the body.

PER SE THEORY OF INTOXICATION:  Under the per se intoxication theory, as it applies to the offense of driving while intoxicated (DWI), a person is intoxicated if the person has an alcohol concentration of 0.08 or more.

NORMAL USE OF FACULTIES:  “Normal use,” in context of prosecution for driving while intoxicated (DWI), means the manner in which a normal non-intoxicated person would be able to use his mental or physical faculties.  If there was evidence that defendant charged with driving while intoxicated could not use his faculties on occasion in question in manner in which normal non-intoxicated person would be able to use his faculties, evidence is sufficient to convict him, unless jury finds that his inability to perform on that occasion was not due to intoxicants.

Hire A Lawyer For A DWI Charge In North Texas

The laws stated above are based on case law across the State of Texas.  They are a simple guideline to establish the basics of a DWI charge in Texas.  They are by no means exhaustive.  If you have been charged with driving while intoxicated, we highly suggest that you contact our defense lawyers in North Texas for further advice on how to successfully defend your case.  Feel free to call our DWI attorneys at 214-321-4105 to discuss your case today.