Reader’s Question:

What could be the elements that a person in Houston, Texas can be charged for DWI? How can they prove intoxication of the person while he was driving?

Archie

Houston, TX

A first offense for DWI in Houston, Texas is a Class B Misdemeanor and if we will legally define it, it would be a person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. The elements of DWI include that the person, on or about a particular date, was operating a motor vehicle in a public place, in a particular county, while intoxicated. The streets, highways, parking lot, beach, etc. are considered public places. “Intoxication” is the term used for prosecution of DWI cases and has been specifically defined by the Texas legislature.

There are three different ways that the State of Texas my prove intoxication. The first one is by not having the normal use of physical faculties. The second one is by not having the normal use of mental faculties and the third one is having a blood alcohol concentration of 0.08 or more. It is very important to note that the law provides for intoxication through the introduction of any intoxicating substance into the body. It would not be a defense for DWI if the person has valid prescription for a substance.

Tags: blood alcohol content, drunk driving laws, DWI, DWI arrest, DWI lawyer