DWI: What Does the State Have to Prove?

Posted on January 21, 2010 by Troy Burleson

Before the State can convict a citizen of the offense of Driving While Intoxicated, the prosecution must prove the following elements beyond a reasonable doubt:

The State MUST prove that:

  1. The Defendant;
  2. Operated a Motor Vehicle;
  3. In a Public Place;
  4. In the Texas County where the Defendant is charged;
  5. While the Defendant was Intoxicated.

In Texas, the term "Intoxicated" means either:

  1. The defendant lost the normal use of his/her mental OR physical faculties due to the introduction of alcohol, a drug, a dangerous drug, a controlled substance or any other substance into hi or her body; OR
  2. Had a blood or breath alcohol concentration over the legal limit of 0.08.
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