Texas DWI Law - Operation, Part I "Driving While Intoxicated" (DWI) No Longer Requires Any "Driving."
Note that you do not have to actually be "driving" a motor vehicle for the State to prove the "operation" DWI element anymore. Instead, it is generally enough if you have "actual physical control" of the vehicle. This was not always the case, but the Texas legislature essentially took "driving" out of the "driving while intoxicated" offense in the mid-1980s.
With "actual physical control" now being the operative phrase to prove "operation," Texas courts look to your capability and power to dominate, direct or regulate the vehicle, regardless of whether you are exercising that capability or power at the time of the alleged DWI offense. As a result, if you were in the car with the keys in the ignition, and the car was capable of being operated, the State is most likely going to prove the "operation" DWI element against you. Still, despite this unfortunate loosening in Texas law to allow DWI convictions in some cases where no driving even took place, there are some limited circumstances where you may be able to prevail on this element.
Posted by: J. Michael Threadgill on 3/8/2008
Bookmark this post:
|
|
| Located in Fort Bend, Texas, J. Michael Threadgill represents clients in a range of criminal defense and family law matters. The firm proudly serves Texas cities including Houston, Pasadena, Beaumont, Sugar Land, Baytown, League City, Missouri City, Friendswood, Webster, Texas City, Alvin, Angleton, Pearland, Richmond, Galveston, Conroe, The Woodlands, Rosenberg, Katy, Pasadena, La Porte, Morton, and Deer Park, as well as the counties of Harris, Galveston, Fort Bend, Brazoria, Montgomery, Victoria, Chambers, Colorado, Liberty, and Jefferson.
|
|
Law Office of J. Michael Threadgill
14090 Southwest Freeway, Suite 300 #139
Sugar Land, TX 77478
Tel: 713-425-4958
Fax: (281)499-3811
mthreadgill@threadgill-law.com
|
|
