There are four facts that must be proven before you can be convicted of driving while intoxicated within the state of Texas. According to the Texas State Law, these four areas of the case must be proven before a guilty conviction is handed down.
First, it must be established that you were the driver of the car. You must be positively identified.
Second, it must be proven that you were operating the motor vehicle at the time of the suspected DWI.
Third, that you were on public property and in a county within the state of Texas.
Fourth, this is where your intoxication level becomes relevant. It must be established that your breath or blood alcohol level was over the legal limit. This can be proven with a breath or blood test that will be administered by the arresting police department. Or it must be proven that you did not have normal use of your physical or mental faculties due to drugs or alcohol.
All of these factors must be proven before you can be convicted for DWI. If you are dealing with a suspicion of DUI or DWI case contact your local Plano, TX DWI attorney, Kyle Shaw, Attorney at Law.
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