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The DWI Statute

May 21st, 2010 admin No comments

What exactly is “driving while intoxicated?” It all begins with the statute enacted by the Texas legislature. That statute is reproduced below:

  1. A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
  2. Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
  3. If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.
What Does it Mean?

That is the statute and it may seem straightforward enough; but it is much more complicated than it may appear. Over the years the courts have decided volumes of cases interpreting each element of the dwi statute. Those interpretations play a large role in determining your guilt or innocence for dwi in The Woodlands.

For example, what exactly is a “public place?” What exactly is “operating a motor vehicle?” As part of your defense, your Woodlands DWI Lawyer should review the latest judicial opinions to evaluate your case. Call (832) 426-3913 to speak with a Woodlands DWI lawyer and take the first step in protecting your rights today.