If you are reading this, you may be facing a driving while intoxicated (DWI) charge in Texas. It’s completely natural to feel anxious, confused, and worried about your case. Many people find themselves overwhelmed when facing legal trouble, especially when the stakes are high. The good news is that you don’t have to face this alone. The process of fighting a DWI charge can be complicated, but it is also possible to have a successful outcome with the right guidance. We understand what you are going through, and we are here to help you navigate this challenging time.
In this page, we will take a closer look at how Texas prosecutors build their cases in DWI trials. Understanding this process will help you understand what you are up against and how a defense attorney can assist you in building a solid defense.
How Prosecutors Begin Building Their Case
The first thing that prosecutors will look at when building a DWI case is the evidence. This evidence typically starts with the arresting officer’s report. When someone is arrested for DWI in Texas, the arresting officer will write up a report detailing the events leading to the arrest. This report will include information such as the officer’s observations of the driver’s behavior, physical condition, and any signs that may suggest intoxication. In addition to the officer’s report, prosecutors will also review any video or audio recordings that may have been made during the arrest. Texas police officers are often required to record interactions with drivers, which can include everything from body camera footage to dash cam recordings. These recordings can provide valuable evidence for both the prosecution and the defense.
Once the officer’s report and any available recordings are gathered, prosecutors will move on to the next step in building their case. They will look at the results of any field sobriety tests the driver was asked to perform during the arrest. These tests are commonly used by law enforcement to assess a driver’s physical condition and ability to operate a vehicle safely. Field sobriety tests may include tasks such as walking in a straight line, standing on one leg, or following a moving object with one’s eyes. Prosecutors will use the results of these tests to help make their case that the driver was intoxicated at the time of the arrest.
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The Role of Breathalyzer Tests and Blood Tests in DWI Cases
One of the most important pieces of evidence in many DWI cases is the result of a breathalyzer test or a blood test. Texas law requires drivers to submit to a breathalyzer or blood test if they are arrested on suspicion of DWI. A breathalyzer test measures the amount of alcohol in a driver’s breath, while a blood test measures the alcohol content in their blood. If a driver’s blood alcohol content (BAC) is over the legal limit of 0.08%, prosecutors will use this as a key piece of evidence to support their case.
However, it is important to note that these tests are not always accurate. There are many factors that can affect the results of a breathalyzer or blood test, including the way the test is administered, how it is stored, and even the equipment used. This is why defense attorneys often challenge the accuracy of these tests during DWI trials. If you have been charged with a DWI and the prosecution is relying on a breathalyzer or blood test result, it is important to have a skilled attorney who can carefully examine the details of the test and challenge any potential issues.
How Prosecutors Present Evidence of Intoxication in Court
Once all of the evidence is gathered, prosecutors will begin to build their case by presenting the facts to the court. They will typically start by showing how the driver’s behavior and condition pointed to intoxication. This may include presenting the officer’s observations, such as slurred speech, bloodshot eyes, or a strong odor of alcohol. Prosecutors may also present the results of field sobriety tests to show that the driver was unable to perform simple tasks, such as walking or standing.
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- Anil Lingutla
I was charged with a DWI and resisting arrest. Knowing Mr. Wilder previously, I went with the Wilder Law Firm to help me out. Their office was able to get my resisting charge thrown out and reduced my DWI charge for me. This result and lesser sentence allows me a better opportunity to recover from the mistake I made. I appreciate Megan being so kind and patient with me during my process. I would recommend her 10/10."
- Isaac Harrell
After being arrested for DUI, I contacted Doug Wilder upon recommendation. Mr. Wilder and his entire staff were amazing with their professional handling of my case from start to finish. Every time I rang with questions someone answered the phone, no long waits for a return call. This was important to me considering a DUI is so stressful. Mr. Wilder and his staff not only got my case dismissed but also guided me through the process and offered utmost care. I cannot thank them enough and highly recommend the Wilder Firm."
- JJ Canter
Additionally, if the driver submitted to a breathalyzer or blood test, prosecutors will present the results of these tests as part of their case. The goal is to show the court that the driver was impaired at the time of the arrest and that they were unable to operate a vehicle safely.
It is important to remember that Texas prosecutors must prove beyond a reasonable doubt that the driver was intoxicated at the time of the arrest. This means that they must present sufficient evidence to convince the judge or jury that the driver’s impairment was significant enough to impair their ability to drive. This is why the defense in a DWI case can often present evidence to challenge the prosecution’s case. For example, if the defense can show that the field sobriety tests were not properly conducted, or that the breathalyzer or blood test results were inaccurate, this could weaken the prosecution’s case.
Defending Against a DWI Case in Texas
When facing a DWI charge in Texas, it is crucial to have a solid defense. While prosecutors will present evidence to support their case, a skilled defense attorney will look for weaknesses in that evidence and work to challenge the prosecution’s claims. Some of the most common defenses in DWI cases include challenging the legality of the traffic stop, questioning the accuracy of field sobriety tests, and challenging the results of breathalyzer or blood tests.
For example, a defense attorney may argue that the officer did not have reasonable suspicion to stop the driver in the first place. If the traffic stop was unlawful, the evidence gathered during the stop may be inadmissible in court. In addition, a defense attorney may challenge the officer’s interpretation of the driver’s behavior during the arrest. Field sobriety tests are subjective, and there are many factors, such as weather conditions or medical issues, that can affect a driver’s performance. If these tests were not properly administered or interpreted, it can be used as part of the defense strategy.
Another common defense is questioning the accuracy of breathalyzer or blood tests. As mentioned earlier, these tests are not foolproof, and there are many ways that their results can be inaccurate. A defense attorney may challenge the calibration of the breathalyzer device or the procedures used to collect and store blood samples.
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Why You Need a Strong Defense
Facing a DWI charge can be daunting, and the consequences can be serious. In Texas, a DWI conviction can result in fines, license suspension, and even jail time. This is why it is so important to have a strong defense. A skilled attorney can carefully examine the evidence in your case, challenge weaknesses in the prosecution’s case, and fight for a favorable outcome.
At Wilder Law Firm, we understand how difficult this time can be. We are dedicated to helping individuals facing DWI charges navigate the legal process and achieve the best possible outcome for their case. Our team will work tirelessly to ensure that your rights are protected and that you have the strongest defense possible. If you are facing a DWI charge, don’t hesitate to reach out to us. We are here to help you every step of the way.