Houston Court Agrees That Drunk Driving Is Not Defined In Texas
I was recently defending a DWI case in Harris County, Texas when I got into a discussion with the prosecutor handling the case. The disagreement was over using the word drunk driving. My point was that drunk driving, DUI, and DWI all mean the same thing in Texas. The Texas Legislature has clearly defined what DWI is in Texas. However, it has not provided a definition for drunk driving. Thus, we can only assume that they meant that drunk driving and driving while intoxicated are the same thing. Otherwise, we can not define drunk driving for a prospective juror. Nevertheless, prosecutors have a tendency to tell a voir dire panel that driving while intoxication is not equal to drunk driving in Texas. My point is how do they know that if our legislature has not defined drunk driving. For all intents and purposes, it did mean to define DWI like drunk driving. Luckily, the judge at the jury selection stage agreed with me that the prosecutor may not tell the panel that drunk driving is not DWI. If you need to talk with a
Houston DWI attorney, call me right away.