Quick answer: Texas Penal Code 49.04 defines DWI as operating a motor vehicle in a public place while intoxicated — meaning a BAC of 0.08+ or the loss of normal mental or physical faculties from alcohol or drugs. Every one of those elements must be proven beyond a reasonable doubt.
This video takes the legal definition of DWI apart word by word: operating, motor vehicle, public place, intoxicated. Each term has a specific legal meaning shaped by decades of Texas court decisions — and each is a potential battleground in your case.
Understanding the definition is the first step to understanding your defense, because the state’s case is only as strong as its weakest element.
Related reading: What is the definition of Driving While Intoxicated?
Contact Stephen T. Bowling, DWI & Criminal Defense Attorneys for a free consultation — we answer these questions about your specific case, at no cost and no obligation.
