Search
Custom Search
Bookmarks
What Has To Be Proven In An Austin DWI Case?
Have you been arrested for an Austin, TX Driving While Intoxicated offense? To convict a person of DWI in Texas, a prosecutor has to prove seven DWI case elements beyond a reasonable doubt. The seven DWI elements are that (1) the defendant (2) on or about a certain date (3) in a Texas certain county (4) operated (5) a motor vehicle (6) in a public place (7) while intoxicated.
The first element of a DWI case that the prosecutor must prove is that the defendant is the person who committed the offense. In most cases, the arresting officer testifies that he pulled over a car, the defendant was driving, and he arrested the defendant for the DWI offense. But in some cases, law enforcement charges the wrong person with DWI.
The prosecutor must prove what date the driver is alleged to have committed the offense of DWI. In most cases, officers record the date that they observed the defendant driving or saw the DWI offense occur. There is a two year statute of limitations on class B misdemeanor DWI, meaning that the state has two years from the date of the alleged offense to charge the driver with class B misdemeanor DWI.
The prosecutor must prove which Texas county the driver is accused of driving while intoxicated in. Generally, the jurisdiction of texas county prosecutors is restricted to the counties where they have legal jurisdiction. And Texas prosecutors do not have authority to prosecute cases that did not occuri n Texas.
Operating a motor vehicle means that the driver took some action to make the vehicle function which enabled him to use the vehicle. An officer observing a person driving a motor vehicle on a road is enough to prove that the person operated a vehicle. But there is a much closer legal question if the person did not cause the vehicle to move or was not observed operating the vehicle.
The prosecutor must prove that the vehicle that the defendant is accused of operating was a motor vehicle. For the purposes of DWI law in Texas, Texas law defines a motor vehicle as device in, on, or by which a person or property is or may be transported or drawn on a highway except a device used exclusively on stationary rails or tracks.
Texas law defines a public place as any place to which the public or a substantial group of the public has access. Normal public streets, highways, and roadways generally qualify as public places. Private property and other places that the public does not have access to do not qualify as public places.
The prosecution must prove that the driver was intoxicated while operating the motor vehicle. Texas law allows the prosecution to prove intoxication in 3 different ways. The first way is that the prosecutor can prove that the driver had an alcohol concentration of 0.08 or higher. The second way is that the prosecutor can prove that the driver did not have normal use of his mental faculties because of alcohol or certain substances introduced into his body. The third way is that the prosecutor can prove that the driver did not have normal use of his physical faculties because of alcohol or certain substances introduced into his body.
The first element of a DWI case that the prosecutor must prove is that the defendant is the person who committed the offense. In most cases, the arresting officer testifies that he pulled over a car, the defendant was driving, and he arrested the defendant for the DWI offense. But in some cases, law enforcement charges the wrong person with DWI.
The prosecutor must prove what date the driver is alleged to have committed the offense of DWI. In most cases, officers record the date that they observed the defendant driving or saw the DWI offense occur. There is a two year statute of limitations on class B misdemeanor DWI, meaning that the state has two years from the date of the alleged offense to charge the driver with class B misdemeanor DWI.
The prosecutor must prove which Texas county the driver is accused of driving while intoxicated in. Generally, the jurisdiction of texas county prosecutors is restricted to the counties where they have legal jurisdiction. And Texas prosecutors do not have authority to prosecute cases that did not occuri n Texas.
Operating a motor vehicle means that the driver took some action to make the vehicle function which enabled him to use the vehicle. An officer observing a person driving a motor vehicle on a road is enough to prove that the person operated a vehicle. But there is a much closer legal question if the person did not cause the vehicle to move or was not observed operating the vehicle.
The prosecutor must prove that the vehicle that the defendant is accused of operating was a motor vehicle. For the purposes of DWI law in Texas, Texas law defines a motor vehicle as device in, on, or by which a person or property is or may be transported or drawn on a highway except a device used exclusively on stationary rails or tracks.
Texas law defines a public place as any place to which the public or a substantial group of the public has access. Normal public streets, highways, and roadways generally qualify as public places. Private property and other places that the public does not have access to do not qualify as public places.
The prosecution must prove that the driver was intoxicated while operating the motor vehicle. Texas law allows the prosecution to prove intoxication in 3 different ways. The first way is that the prosecutor can prove that the driver had an alcohol concentration of 0.08 or higher. The second way is that the prosecutor can prove that the driver did not have normal use of his mental faculties because of alcohol or certain substances introduced into his body. The third way is that the prosecutor can prove that the driver did not have normal use of his physical faculties because of alcohol or certain substances introduced into his body.
About the Author:
Brett Parker, of the Brett Parker Law Firm, PLLC, is an Austin DWI Attorney. If you have been arrested for DWI in the Austin, Texas area, contact an Austin DWI Attorney immediately to protect your legal rights.