This post will cite the basics of DWI (Driving While Intoxicated) law in Texas.
Texas Penal Code 49.04 outlines what a prosecutor must prove to convict someone of Driving While Intoxicated (DWI) in Texas: A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
That brings us to the next point: the definition of "intoxication" in Texas. "Intoxication" is defined in Texas Penal Code 49.01: (A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (B) having an alcohol concentration of 0.08 or more.
Motor Vehicle is defined as: a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks.
Many people confuse DUI (Driving Under the Influence) with DWI (Driving While Intoxicated) because they believe DWI (Driving While Intoxicated) can only occur by alcohol intoxication. As indicated above, this is clearly not the case. In the next post, I will explain DUI (Driving Under the Influence) to show that offense differs from DWI (Driving While Intoxicated).