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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.

CONTACT ME TODAY

The Easterling Law Firm is committed to answering your questions about criminal defense law in Texas.

I offer a free consultation and I'll gladly discuss your case with you at your convenience. Contact me today to schedule an appointment.

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