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Driving while intoxicated (DWI) is a severe offense in every state in the United States. It poses a risk not only to the driver but also to other road users. If you are facing a DWI charge, it is crucial to understand what must be proven for you to be convicted.

1. Driving or Operating a Motor Vehicle

The first element that must be proven in a DWI case is that the defendant was driving or operating a motor vehicle at the time of arrest. The prosecution should demonstrate that you were in physical control of the car and could use it.

2. Intoxication

The second element of a DWI conviction is intoxication. The prosecutor needs to prove that you were under the influence of drugs or alcohol when driving or operating your vehicle. This can be established through field sobriety tests, breathalyzer tests, blood tests, or other evidence.

3. Impairment

The third element is impairment. It should be demonstrated that your ability to drive safely was significantly impaired by alcohol or drugs such as marijuana, prescription medication, or illegal substances.

4. Violation of State Law

The fourth element is violating state law regarding drunk driving statutes, which could include Driving Under the Influence (DUI) and Driving While Intoxicated (DWI).

5. Aggravating Factors

Aggravating factors are circumstances surrounding your arrest and may include:

  • Prior convictions.
  • Extreme blood alcohol content levels (BAC).
  • Accidents with property damage or personal injuries.
  • Refusal to take chemical tests.

Austin DWI Attorney

If you have been charged with a DWI in Austin, it is important to seek the help of an experienced attorney who can defend your rights and fight for the best possible outcome. At Smith & Vinson Law Firm, we have a team of skilled attorneys who specialize in handling DWI cases in Austin and throughout Texas. Contact us today at (512) 359-3743 to get started. 

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