Know Your Rights

DWI Fact Sheet

IN TEXAS, THE PROSECUTING ATTORNEY MUST PROVE EIGHT FACTUAL ISSUES BEYOND A REASONABLE DOUBT IN ORDER TO CONVICT A PERSON OF DWI. USUALLY THESE ISSUES MUST BE PROVEN BY TESTIMONY IN COURT BY AN EYE WITNESS (NORMALLY ONE OR MORE POLICE OFFICERS) TO EACH FACT.

•  Probable Cause.* The prosecution must prove that the police had a valid reason for stopping you and reason to believe that you were intoxicated at the time.
•  Who did it. The prosecution must identify the witness as the driver. Normally this is accomplished by the arresting officer testifying in open court "thats him" and pointing at the defendant.
•  That the defendant was driving (or operating) a vehicle.
•  That the vehicle drive was a motor vehicle.
•  That it happened in a public place.
•  That it happened in a specified county, and in the State of Texas.
•  That it happened on or about a specified day.
•  That the defendant wasintoxicated, shown by either of two methods:
  
  1.  that defendant's alcohol concentration (blood or breath) was .10 or above, or
  2. that defendant did not have the normal use of his mental or physical faculties by reason of alcohol, drugs, or any foreign substance, or any combination thereof, introduced into the defendant's body.
•  That the defendant was intoxicatedwhile he was driving.