In Texas, being charged with a Driving While Intoxicated (DWI) offense can carry serious consequences that affect many aspects of a person’s life. From hefty fines and possible jail time to the suspension of a driver’s license and damage to a professional reputation, the repercussions can be overwhelming. The key factor that can determine the outcome of any DWI case in Texas is the evidence presented in court. Understanding the importance of evidence in DWI cases is essential for anyone facing such charges, as it plays a crucial role in the courtroom and can ultimately shape the trajectory of a case.

The significance of evidence in Texas DWI cases cannot be overstated, as it is often the central element in the prosecution’s case and the defense’s strategy. The burden is on the prosecution to prove, beyond a reasonable doubt, that the individual charged was driving under the influence of alcohol or drugs. This burden requires compelling evidence, which may include field sobriety tests, breathalyzer results, blood tests, video footage, and witness statements. The ability to challenge or validate this evidence will often determine the strength of a defense. For those facing DWI charges in Texas, understanding how evidence works in court and how it can impact the case is essential. Wilder Law Firm provides skilled legal representation to help navigate the complexities of DWI cases and protect your rights.

Field Sobriety Tests and Their Reliability

One of the most common forms of evidence used in Texas DWI cases is the result of field sobriety tests conducted by law enforcement officers. These tests are designed to measure a driver’s balance, coordination, and ability to follow instructions. Typically, they include the walk-and-turn test, the one-leg stand, and the horizontal gaze nystagmus test, which measures eye movement in response to a stimulus. While these tests are widely used, their reliability can often be challenged in court. Field sobriety tests are subjective in nature, meaning they rely heavily on the judgment and interpretation of the officer administering the test. Factors such as weather conditions, uneven surfaces, physical impairments, or even anxiety can affect a person’s ability to perform well on these tests, regardless of whether they are intoxicated. In many cases, the defense will focus on these aspects, arguing that the field sobriety tests were improperly conducted or that the results were inaccurate. The importance of scrutinizing field sobriety tests as part of the defense strategy cannot be overlooked. When these tests are a major piece of the prosecution’s case, their accuracy and fairness can be called into question to help build a strong defense.

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney

Douglas Wilder

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney

Douglas Wilder

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023. .

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney Douglas Wilder

Breathalyzer and Blood Test Results

Another major source of evidence in Texas DWI cases is chemical testing, typically in the form of a breathalyzer or blood test. These tests aim to determine the blood alcohol concentration (BAC) of a driver at the time of the arrest. Under Texas law, if a person’s BAC is 0.08% or higher, they are considered legally intoxicated. However, as with field sobriety tests, breathalyzer and blood test results are not infallible. Breathalyzer machines are subject to various factors that can affect their accuracy, including improper calibration, user error, or interference from substances such as mouthwash or medications. Similarly, blood tests, which are often viewed as more reliable, can still be challenged based on how the sample was collected, stored, or analyzed. For instance, a delay in administering the blood test or improper handling of the sample could compromise the validity of the results. An experienced defense team will often seek to examine the methods used in collecting and processing these tests to ensure that proper protocols were followed. If there is any evidence that procedures were not adhered to, it may be possible to have these results suppressed in court.

Better call Doug!! Doug is the best lawyer you can find for DWI or DUI cases in Dallas. I read many reviews before choosing Doug for representing my case. Doug handled DWI and DUI cases for last 25 years, He has good relationships with DA office and is Well respected in the community. I have peace of mind with plea bargain today for my case. He also won other case filed on my license suspension. Amy (Paralegal) will help you through out the case. She is very persistent and detailed about the case details. You will never go wrong for chosing Doug. Goodluck. !!”

- 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

Video Footage and Its Role in DWI Defense

In many DWI cases, video footage from dash cameras or body cameras worn by police officers can serve as critical evidence. This type of evidence provides an objective view of what occurred during the traffic stop and can be invaluable in either supporting or contradicting the prosecution’s case. Video footage may capture how the driver was behaving, how the field sobriety tests were conducted, and whether the arresting officer followed proper procedures. For individuals facing DWI charges, video evidence can be a double-edged sword. While it can show potential signs of intoxication, such as slurred speech or poor coordination, it can also reveal flaws in the officer’s actions, such as improper administration of field sobriety tests or violations of the driver’s rights. In some cases, video footage can directly contradict the testimony of the officer, leading to the possibility of dismissal or reduction of charges. For this reason, reviewing all available video evidence is a crucial step in building a defense.

Witness Testimony and the Role of Observers

Another form of evidence that can play a significant role in Texas DWI cases is witness testimony. Witnesses may include passengers in the vehicle, other drivers on the road, or even bystanders who observed the behavior of the accused. Additionally, the testimony of the arresting officer often carries significant weight in these cases. In some instances, witnesses may provide statements that contradict the officer’s account, which can cast doubt on the validity of the arrest or the charges. While witness testimony can be powerful, it is also subject to scrutiny. Memory is often imperfect, and witnesses may misremember details or perceive events differently. The defense may work to discredit or cast doubt on witness testimony by highlighting inconsistencies or by questioning the reliability of the witness’s observations. This is particularly important in cases where the prosecution’s case hinges on an officer’s recollection of events. By challenging the accuracy of witness testimony, the defense can weaken the prosecution’s case and create reasonable doubt.

700+ ACQUITTALS, DISMISSALS & REDUCTIONS FOR OUR CLIENTS

DWI - Not Guilty

0.117 BAC Three Hours After Causing A 3-Car Accident

Second DWI - Not Guilty

0.24 DWI on Moped And Stipulated To Intoxication In Trail

DWI - Not Guilty

2 DWIs 3 Years Apart

DWI - Not Guilty

2nd DWI .165 BAC

DWI - Not Guilty

2nd DWI - Refused Sobriety Testing

DWI - Not Guilty

0.199 BAC 2.5 Hours After The Stop

View More Results

Challenging the Validity of the Traffic Stop

The evidence gathered during a DWI investigation often begins with the initial traffic stop. In Texas, as in the rest of the country, law enforcement officers must have reasonable suspicion or probable cause to pull a driver over. If the stop is deemed unlawful, any evidence collected as a result of the stop may be inadmissible in court. This is known as the exclusionary rule, which is based on the principle that evidence obtained in violation of a person’s constitutional rights should not be used in criminal prosecutions. For individuals facing DWI charges, it is crucial to examine whether the traffic stop was conducted lawfully. If there was no valid reason for the stop, the defense can file a motion to suppress any evidence obtained thereafter, including field sobriety tests, breathalyzer results, or statements made to the police. Challenging the legality of the stop can be a powerful strategy in getting charges reduced or dismissed entirely.

The Importance of Legal Representation in DWI Cases

Given the complex nature of DWI cases and the importance of evidence in determining the outcome, having skilled legal representation is vital. A defense attorney with knowledge of Texas DWI laws can analyze the evidence, challenge its admissibility, and identify weaknesses in the prosecution’s case. They can also ensure that the rights of the accused are protected throughout the legal process. Evidence is the foundation of any DWI case, and a strong defense often hinges on the ability to challenge the evidence presented by the prosecution. Whether it’s field sobriety tests, breathalyzer results, video footage, or witness testimony, each piece of evidence must be carefully scrutinized for accuracy and reliability. In Texas, where DWI laws are strict and the penalties severe, mounting an effective defense requires a deep understanding of how to handle evidence in court. Facing a DWI charge can be a daunting experience, but with the right legal support, it is possible to navigate the complexities of the legal system and achieve the best possible outcome. By working with an experienced attorney, individuals charged with a DWI in Texas can increase their chances of success, whether that means a reduction of charges, a dismissal, or a not-guilty verdict. If you or a loved one are facing DWI charges in Texas, it is crucial to seek experienced legal representation to protect your rights and build a strong defense. At Wilder Law Firm, we understand the importance of evidence in these cases and are committed to providing the best possible defense for our clients. Our team will thoroughly analyze the evidence, challenge its validity where necessary, and fight for your rights in court. Contact Wilder Law Firm today to schedule a consultation and take the first step toward protecting your future.