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