By Collin County Criminal Defense Attorney Jeremy Rosenthal
Everyone is presumed innocent and the police and prosecution must prove the case beyond all reasonable doubt… and that goes for DWI’s and DUI’s too. Accused people are acquitted of DWI in Courthouses all over Texas every day. Just because the Police believe something does not make it so.
The nuts and bolts:
Tex.Pen.C. 49.04(a) makes driving while intoxicated illegal. That provision says, “A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.”
Tex.Pen.C. 49.01 (A) and (B) define “intoxication” as… “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a…
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