713-228-4441

Elements That the State Must Prove

You are here: Home | DWI Information | Elements That the State Must Prove

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.