What does a prosecutor have to prove in order to conviction a person of Driving While Intoxicated in Austin, Texas? There are seven elements to DWI cases in Austin and the rest of Texas. For a person to be found guilty of DWI, the prosecutor has to prove beyond a reasonable doubt that 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 prosecutor must prove that the defendant was the person driving the car. Usually an officer testifies that he personally saw the defendant driving the car. Many cases begin when a person is driving a vehicle, they are pulled over, and the officer sees that person in the driver's seat, and the officer arrests the driver. But there is a much trickier legal issue when a driver is found outside the vehicle. An Austin DWI Attorney can advise a person of the law in those situations.
The second element of DWI that the prosecutor must prove is the date on which the offense is alleged to have occurred. Since there is a two year statute of limitations on class b misdemeanor DWI cases in Texas, the prosecutor must charge the driver within two years of the date of the offense, or the case is barred.
The exact Texas county where the driver is accused of driving must be proven by the prosecutor in a DWI case. Texas state prosecutors and law enforcement have no authority to prosecute a driver for DWI in a Texas court if the offense occurred in a state other than 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.
A Public place is any place to which the public or a substantial group of the public has access. This includes public streets and highways. Most people arrested for DWI are seen driving on a public street or highway, so this element of the DWI case is not contested as much as others.
To convict a driver for DWI, the state has the burden of proving that the driver was intoxicated. In Texas, there are three definitions of intoxication for the purposes of DWI law. The first definition is that the driver had an alcohol concentration of 0.08 or more. The second definition that the driver did not have the normal use of physical faculties because alcohol or certain substances were introduced into the driver's body. The third definition is that the driver did not have the normal use of mental faculties because alcohol or certain substances were introduced into the driver's body.
The prosecutor must prove that the defendant was the person driving the car. Usually an officer testifies that he personally saw the defendant driving the car. Many cases begin when a person is driving a vehicle, they are pulled over, and the officer sees that person in the driver's seat, and the officer arrests the driver. But there is a much trickier legal issue when a driver is found outside the vehicle. An Austin DWI Attorney can advise a person of the law in those situations.
The second element of DWI that the prosecutor must prove is the date on which the offense is alleged to have occurred. Since there is a two year statute of limitations on class b misdemeanor DWI cases in Texas, the prosecutor must charge the driver within two years of the date of the offense, or the case is barred.
The exact Texas county where the driver is accused of driving must be proven by the prosecutor in a DWI case. Texas state prosecutors and law enforcement have no authority to prosecute a driver for DWI in a Texas court if the offense occurred in a state other than 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.
A Public place is any place to which the public or a substantial group of the public has access. This includes public streets and highways. Most people arrested for DWI are seen driving on a public street or highway, so this element of the DWI case is not contested as much as others.
To convict a driver for DWI, the state has the burden of proving that the driver was intoxicated. In Texas, there are three definitions of intoxication for the purposes of DWI law. The first definition is that the driver had an alcohol concentration of 0.08 or more. The second definition that the driver did not have the normal use of physical faculties because alcohol or certain substances were introduced into the driver's body. The third definition is that the driver did not have the normal use of mental faculties because alcohol or certain substances were introduced into the driver's 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.
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