Brown v. State - 2nd COA
The trial court was correct when it denied the defendant's request for a special jury instruction on involuntary intoxication during his trial for DWI. The defendant's mental state was not an element of the offense. The Legislature has not included a culpable mental state in its definition of DWI, and proof of a culpable mental state is expressly not required for conviction of an offense dealing with intoxication and for alcoholic beverage offenses. Other Texas courts have held that the offense of DWI does not require a culpable mental state and have further held that involuntary intoxication is not a defense to DWI. Brown v. State - 2-08-041-CR.
