Considering the high potential penalties for a third DWI conviction, gathering the right evidence to force a dismissal of charges or an acquittal could be essential. Critical evidence in Plano third-offense DWI cases may include video footage from police cameras, results of blood alcohol tests, eyewitnesses, and more. An experienced criminal defense attorney could analyze relevant information and use it to build an effective defense to a repeat DWI charge.
When a lawyer defends someone who is facing charges for a third DWI offense, they will likely examine all factors and evidence related to the person’s arrest, including the legality of the stop, the behavior of the responding police officers, and more.
An attorney may break down the defendant’s contact with the police into a step-by-step process. They could then examine each step carefully, making sure that the police have the legal authority to do what they are doing and that what they are doing in the investigation is being done in an admissible format.
The lawyer may also examine how the client is performing. They need to know if the police know that the client has prior arrests prior to administering the field sobriety test because that can play a role in how they view the results of the testing procedures.
An attorney could also go over the videos and make sure that the field sobriety tests are graded properly and that the police report accurately reflects what is seen on video. A lawyer should be very meticulous in the review of such footage so that they can give an accurate assessment to their client.
When a person is charged with a misdemeanor DWI, the jury does not get to know anything about the person’s past. They stand trial on that DWI arrest alone, even if it is their second DWI.
However, when a defendant is charged with a third or subsequent DWI, the jury gets to hear about the persons prior DWI convictions. They are told of the defendant’s convictions even before any evidence is presented. Although the burden of proof is the same for a third DWI offense as a first DWI, once a jury hears the person has done it at least twice before, it usually does not take as much evidence to convince them of the defendant’s guilt.
Additionally, the potential penalties for a third DWI are far more severe than a first or second DWI. It is common that a person will get probation if they go to trial and lose on a first or second charge. On a third or subsequent conviction, probation may not be granted, and a defendant may be sent to jail for two to ten years. The consequences of a conviction are therefore far direr after the third offense than a first or second offense.
If you are facing charges for DWI after already having been convicted twice, a criminal defense attorney could help you collect the evidence you need to avoid a damaging third conviction. Evidence in Plano third-offense DWI cases can be crucial to avoiding severe penalties, and a lawyer could help collect and analyze that evidence most effectively and efficiently possible. Reach out today for legal help.