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ELEMENTS THAT THE STATE MUST PROVIDE BEFORE YOU CAN BE FOUND GUILTY OF DWI 1. Your identification; 2. That you were a driver; 3. Of a “motor vehicle;” 4. That you operated in a “public place;” 5. In the State of Texas; 6. In the county where you are prosecuted; 7. While “intoxicated;” A. By not having the “normal use of your mental or physical faculties” or; B. By having a blood or breath alcohol content of over 0.08 grams per liter of blood or per 210 liters of breath; C. At the time you were operating the motor vehicle; D. By the introduction of alcohol, a drug or combination of both into your body. YOUR VALUABLE RIGHT TO A JURY TRIAL The right to a trial by jury is a valuable Constitutional right which allows citizens to decide your case in open court. In a misdemeanor case, all six citizens must unanimously agree on your guilt beyond any reasonable doubt. In a felony case, you are entitled to twelve citizens to serve on the jury. Easterling & Easterling, P.C. 1018 Preston, Sixth Floor Houston, TX 77002 Phone: 713-228-4441 Fax: 713-228-4072 e-mail us
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