The Reality of Bad Facts

One important but perhaps rarely discussed aspect of DWI defense is what to do when the facts of a case are just plain bad for the person accused of DWI. It is true that every case will present important and effective defenses against charges, but there can be times when the facts and situation will present some very difficult decisions for the defendant.

This is what happened in a case that recently made its way to a Texas court of appeals in Texarkana. In that case, a police officer reported coming upon a reported suspicious vehicle in Kilgore when he found a driver slumped over in his car. When the police officer approached the car he noticed several damning things that later led to this man’s conviction.

There are telltale signs of a DWI suspect that police officers will use to apprehend and later convict someone for DWI. In this case every one of those signs was present during the officer’s investigation. After making contact with the driver he reported that among other things the driver:

  • Was slumped over in his car;
  • Smelled of alcohol;
  • Had red, glassy eyes;
  • Moved lethargically;
  • Pointed at himself and said “bad guy.”

These were just a few of the facts the police officer testified to that led to the man’s conviction. And because it was his eighth DWI in his life, the judge sentenced him to eight years in jail.

After his conviction the man appealed the sentence and jury conviction based on an argument that the evidence was not sufficient to convict him of DWI. Of course simply looking at a summary of the police report shows the opposite, and that was the conclusion that the judge came to on appeal.

Serious Consequences Need a Serious Defense

What can a person charged with DWI take from this case? First, it is important to remember that the facts of a case are what drives the results, and dealing with those facts is the primary function of a DWI defense attorney. For example, there may be harmful facts showing one thing, but if the police obtained those facts illegally by violating the U.S. Constitution, then an effective attorney will mount a defense to get those facts thrown out. This is just one aspect of defending DWIs.

There will be times, though, when there is little even the best DWI defense attorney can do by way of defending charges. It is then that the sober counsel of an experienced DWI defense attorney is invaluable to a person charged with DWI. It is important to know when to fight charges and take the case to trial, or deal with the prosecution in getting the best possible deal to mitigate the damage to a person’s life.

At The Wilder DWI Defense Firm we have the experience and team your case needs to get the best result possible. If you are charged with DWI, contact us. We will provide you with a free case evaluation and help you understand what your rights are. When you are our client, we will give you the legal counsel you need.