How the Prosecution Begins in a Texas DWI Case
Once someone is arrested for a DWI in Texas, the process begins with the prosecutor filing charges. The prosecutor represents the state and works to show that the person accused of DWI broke the law. At this stage, the prosecutor looks at all the evidence collected by law enforcement. This can include the results of field sobriety tests, breathalyzer results, and witness statements. The prosecutor will review this evidence to decide if there is enough proof to go forward with the case. If they believe the evidence is strong enough, they will officially charge the person with a DWI and begin preparing for trial. In many cases, the prosecution will offer a plea deal. This is when the prosecutor offers the defendant the option to plead guilty in exchange for a lesser punishment. However, this deal might not always be in the defendant’s best interest. It is important to know that the prosecutor’s goal is to get a conviction, whether by plea deal or through trial. They will use the evidence at their disposal to try and prove the case against the accused.The Burden of Proof in a Texas DWI Case
One of the most important parts of the prosecution’s role in a Texas DWI case is the burden of proof. The prosecutor must prove beyond a reasonable doubt that the defendant was intoxicated while driving. This is a high standard, and it requires strong evidence. The prosecutor will use things like the results from a breathalyzer or blood test to show that the driver’s blood alcohol content (BAC) was over the legal limit of 0.08%. In some cases, even if the driver’s BAC was lower than 0.08%, the prosecution can still argue that the person was impaired and should not have been driving. The prosecutor may also rely on the testimony of the arresting officer. Officers are trained to recognize signs of intoxication, and their observations can carry a lot of weight in court. If the officer noticed slurred speech, the smell of alcohol, or erratic driving, the prosecutor can use this information to build their case. The goal of the prosecution is to convince the judge or jury that the person was too impaired to drive safely.
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Evidence Used by the Prosecution in DWI Cases
In DWI cases, the prosecution will use several types of evidence to try and prove that the defendant was intoxicated. One of the most common pieces of evidence is the result of a breath or blood test. These tests measure the level of alcohol or drugs in a person’s system at the time of the arrest. If the tests show that the driver’s BAC was above the legal limit, the prosecution will use this to argue that the driver was intoxicated. The prosecution may also use video footage from the arrest. Many police cars have cameras that record traffic stops. If there is video showing the driver failing a field sobriety test or acting intoxicated, the prosecutor can present this in court. In addition to video, the prosecution may also call witnesses to testify. This could include the officer who made the arrest, as well as any other individuals who may have seen the defendant driving. All of this evidence is gathered to strengthen the prosecution’s argument that the person charged with DWI was driving under the influence. The prosecution must organize this evidence in a way that clearly shows the defendant was intoxicated and unable to drive safely.The Role of the Prosecutor in Court
During the trial, the prosecutor plays a central role in presenting the case to the judge or jury. The prosecutor will give an opening statement that outlines the evidence and explains why they believe the defendant is guilty of DWI. After this, the prosecution presents the evidence they have gathered, including test results, police reports, and witness testimony. One of the prosecutor’s jobs is to cross-examine any witnesses the defense brings forward. This means the prosecutor will ask questions to challenge the credibility of the defense’s witnesses or to poke holes in the defense’s arguments. The prosecutor will also question the arresting officer to make sure their testimony supports the case. The goal is to leave no doubt in the minds of the judge or jury that the person accused of DWI is guilty.
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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