Dallas DWI Lawyer – Articles

Conduct Crimes

In most criminal law systems, there are two types of crimes: conduct crimes and result crimes. Result crimes are crimes that require a result in order for there to have been a crime committed. Murder, for example, is the ultimate result crime. In order for murder to be committed, there must be the result of a deceased person. Conduct crimes, on the other hand, do not require something to have resulted from conduct; they merely require the conduct itself.

Driving while intoxicated, or DWI, is a conduct crime. The crime is committed when a person drives with a blood alcohol content of more than .08.

The prosecution is typically not required to show causation in the case of conduct crimes. This is because there is no prohibited result of the conduct that would need to be caused by the individual ‘s actions. In murder, for example, the prosecution must show that the actions taken by the defendant caused the death of the victim. Such result-based evidence is not necessary in the case of a conduct crime.

Another thing that doesn’t necessarily have to be shown is mental state. Drunk driving, in addition to being a conduct crime, involves something akin to strict liability. If a person is stopped for driving erratically and has a blood alcohol content of more than .08, it generally does not matter if the person intentionally or negligently got behind the wheel of the car. The person did so, and can be convicted as a result.

Contact Us

To learn more about conduct crimes and drunk driving or to discuss the charges filed against you with an experienced lawyer, contact the Dallas DWI attorneys of the Law Office of Mark T. Lassiter at (214) 845-7007.


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