In Texas DWI consists of these elements, operating motor vehicle, public place, intoxicated, the two most contested issues we see involve operating and intoxicated operating isn’t defined in Texas. This can happen when someone goes out to their car to wait for someone to pick them up. If you go out, get your car and turn it on to use the AC.
An officer can come up and decide that you are operating the vehicle and they can arrest you. Intoxicated in Texas is defined as not having the normal use of your mental or physical faculties due to the introduction of alcohol drug, dangerous drug, et cetera, or having a breath or blood alcohol concentration of 0.08 or greater.
If you’ve been charged with DWI, you need to call us so we can help you.