The Elements of DWI
Author | Deandra M. Grant/Kimberly Griffin Tucker |
Pages | 605-618 |
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
§13:21 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
IV. In a Public Place
§13:41 Areas Determined to Be Public
§13:42 Areas Determined Not to Be Public
V. While Intoxicated
§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
§13:56 Per se at .08 or Greater at Time of Driving
§13:57 Use of Circumstantial Evidence to Establish Temporal Link
§13:58 Use of Retrograde Extrapolation to Establish Temporal Link
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