NCJ Number
72030
Journal
Houston Law Review Volume: 14 Issue: 5 Dated: (1977) Pages: 1082-1103
Date Published
1977
Length
22 pages
Annotation
This comment on statutory driving while intoxicated (DWI) in Texas attempts to analyze both statutes and case law in order to provide practicing attorneys with an overview and to suggest changes which might improve the system of justice.
Abstract
DWI offenses account for nearly one third of all misdemeanors filed annually in the State. Numerous statutory provisions name the offense, define some of the elements, specify probation terms and provide for automatic license suspension upon final conviction. The Texas Court of Criminal Appeals has the task of interpreting these provisions. The first section defines the elements which the prosecution must prove in order to obtain a conviction for DWI: (1) the defendant's act of driving or operating (2) an automobile or other motor vehicle (3) on a public road or highway (4) while intoxicated or under the influence of intoxicating liquor. In the next section, defenses to alleged intoxication are considered. Most of the defenses cited do not qualify as affirmative defenses, but are defenses only in connection with the jury's having a reasonable doubt as to whether the accused was under the influence of intoxicating liquor. These defenses include disease or illness; exhaustion or lack of sleep; temporary insanity caused from taking a drug or medicine; an existing physical and mental condition and inability to be alone; and a passive-dependent personality and alcoholic addiction. Then, a section focuses on direct and circumstantial evidence of intoxication, and another reviews the sanctions which are imposed upon conviction. Recommendations for improvements in DWI statutes include expanding the implied-consent laws to include tests of the blood or urine; regarding defendants' refusals to participate in such tests as a grounds for suspending their licenses; and changing the law regarding DWI sanctions so that they are brought within workable and reasonable limits. Relevant statutes and court cases are cited. Numerous footnotes with references are included.