Under Texas’ Driving While Intoxicated statute, can Nick Spears be convicted when he was (1) intoxicated; (2) removed the parking break and put the car into drive; (3) in a self-propelled golf cart; and (4) in a gated golf and country-club community where the public has access?
Brief Answer Yes. In determining whether a person can be convicted of Driving While Intoxicated in Texas the court requires (1) intoxication; (2) operation; (3) of a motor vehicle; and (4) for the defendant to be in a public place. Nick Spears can be convicted of Driving While Intoxicated because he was intoxicated, committed an action towards operating a vehicle, was in a self-propelled vehicle, and was in place that the public had access to. In