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.

Law Office of Doug Goyen
15851 North Dallas Parkway #600
Addison, Texas 75001
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