Does Intoxicated Mean Drunk?
There are several elements that the State must prove in order to convict a person of DWI. Obviously, the State has to prove that a person was driving a car while they were intoxicated--but what does intoxicated mean? Does intoxicated mean drunk? As the State will generally point out ad nauseam during a trial, intoxicated does not mean drunk. They will stress the legal definition of intoxication: a loss of normal mental or physical faculties.
Why do they argue that? The reason that the State stresses this point is that it lowers the standard of proof during trial. Obviously, the standard does not change from beyond a reasonable doubt. However, if they can convince a jury that they do not have to prove that a person is drunk, then that will lower the amount of evidence they have to bring. Thus, the State argues, a person does not have to fall down, vomit, or pass out to be intoxicated.
Instead, the State will try and point out missteps done during the
field sobriety tests or bad driving facts to prove their case. The reason for this is that there would be far less convictions, fines, and prosecutors if that were the standard.
Tomorrow, we will address the legal definition of intoxication. If you or a loved on have been charged with DWI,
contact a
Plano DWI attorney.
Categories:
DWI, Intoxicated