That last part always bothered me. "or any other substance". As far fetched as it is, I have often wondered if an officer pulls someone over who is driving erratically and that driver states that they have had 5 Red Bulls and that they are driving erratically because of the caffeine... is it conceivable that driver could be arrested and charged with DWI? Based on "any other substance" I do not see why not.
I am not brilliant legal scholar, but I do not like the change as proposed. Simply because we go from requiring "Substantial impairment" to "not having normal use" of your faculties to meet the definition. I don't know about you... but I would rather the state be required to prove beyond a reasonable doubt that I was "Substantially impaired" rather than I did not have "normal use" of my faculties. Seems like splitting hairs, but I was on a jury for a DWI that resulted in a conviction. He refused a specimen test, but the dash cam clearly showed that he did not have normal use... but he was only a little impaired in my opinion and if that case had required "substantial impairment", there is no way we would have found him guilty. Just one example.
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• Page 1 of 1
- by AJSully421
- Wed Nov 28, 2012 2:05 am
- Forum: 2013 Texas Legislative Session
- Topic: Intoxication
- Replies: 27
- Views: 4599
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