The Elements of DWI

AuthorDeandra M. Grant/Kimberly Griffin Tucker
Pages807-824
THE ELEMENTS
OF DWI
13-1
CHAPTER 13
THE ELEMENTS OF DWI
I. INTRODUCTION
§13:01 DWIs Are Highly Litigated and Fact-Dependent
§13:02 The DWI Statute
§13:03 Culpable Mental State Not Required
§13:04 Involuntary Intoxication Is Not a Defense to DWI
§13:05 Voluntary Act Defense?
§13:06 Checklist for Involuntary Act Defense
II. OPERATING A MOTOR VEHICLE
§13:20 Operating Def‌ined
§13:21 No Proof of Movement Is Needed
§13:22 When No One Has Observed Your Client Driving
§13:23 Circumstantial Evidence Can Prove Time and Fact of Operation
§13:24 When the Client Confesses to Driving
§13:25 The Defense of Necessity to Operate
III. MOTOR VEHICLE AND WATERCRAFT DEFINED
§13:30 Motor Vehicle Def‌ined
§13:31 Watercraft Def‌ined
IV. IN A PUBLIC PLACE
§13:40 Public Place Def‌ined
§13:41 Areas Determined to Be Public
§13:42 Areas Determined Not to Be Public
V. WHILE INTOXICATED
§13:50 Intoxication Def‌ined
§13:51 Entitlement to Use Is Not a Defense
§13:52 Loss of Normal Faculties—Whose Normal?
§13:53 When the Intoxicant Is Alcohol
§13:54 When the Intoxicant Is Not Alcohol
§13:55 Challenging the Qualif‌ications of the State’s Expert
§13:56 Per se at 0.08 or Greater at Time of Driving
§13:57 0.15: Element or Enchancement?
§13:58 Prior DWI Conviction: Element or Enhancement?
§13:59 Use of Circumstantial Evidence to Establish Temporal Link
§13:60 Use of Retrograde Extrapolation to Establish Temporal Link
THE ELEMENTS
OF DWI
(Τηισ παγε ιντεντιοναλλψ λεφτ βλανκ.)

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