When someone has been charged with Driving While Intoxicated (DWI) in Texas, the defendant is presumed innocent, and Texas prosecutors have the burden of proving the defendant is guilty beyond a reasonable doubt. The defendant will be acquitted of the DWI criminal charge if the State’s Attorneys fail to meet its burden of proof in the DWI criminal case. An effective DWI defense in Texas protects the defendant’s presumption of innocence while preventing State Attorneys from fulfilling its burden of proof.
What State Attorneys Must Prove in a DWI Criminal Trial
Effective DWI defense strategies involve attacking the prosecution’s case while maintaining the defendant’s presumption of innocence. An individual can be convicted when the prosecution submits admissible evidence that refutes the defendant’s presumption of innocence. For someone in Texas to be found guilty of comitting DWI, the prosecution must persuade a jury that
(1) the defendant operated a vehicle,
(2) in public while either
(3) under the influence of drugs and/or alcohol with a blood alcohol content (BAC) of 0.08 or greater.
The accused will be acquitted of DWI if the prosecution is unable to prove the defendant is guilty of those three elements of a Texas DWI. In Texas, a person cannot be tried for the same crime after they have been acquitted of a crime.
Top Texas DWI Trial Defenses
Challenging the Lawfulness of the Traffic Stop
During the DWI pre-trial stage, your criminal defense lawyer might find evidence that makes contesting the police’s traffic stop in your case. This action is called a Motion to Suppress Evidence. The prosecution has to prove that the law enforcement officer didn’t violate the defendant’s constitutional rights to protect against “unreasonable searches and seizures.” State Attorneys are required to prove the police officer had a specific reason to stop the defendant. The prosecution must also prove that statements made by the did not violate their Miranda warnings, and any of their statements were made voluntarily without coercion. The criminal justice judge will order all evidence, including the video recording of the traffic stop, police observations, booking video, field sobriety test video, portable breath test results, driver statements, breathalyzer tests, or test refusal to rule if law enforcement officers violated the defendant’s constitutional rights. If any or all of the evidence is suppressed, the prosecution may not use suppressed evidence at the DWI criminal trial. This could result in a dismissal of the DWI charges.
Challenging All of the DWI Tests
Another strong defense could include attacking the prosecution’s evidence such as chemical testing, field sobriety tests, the officer’s Horizontal Gaze Nystagmus (HGN) test. Your DWI defense attorney might attack the prosecution’s evidence on the grounds that the testing is not scientifically reliable and shouldn’t be entered into evidence at the DWI trial. The defense may also attack the State’s expert by arguing the State’s expert lacks the training, experience, and knowledge to present a dependable scientific opinion at trial. These attacks will be made a trial. However, it is advantageous to attack the expert at pre-trial. Winning a pre-trial contest concerning scientific evidence helps the defense understand the evidence before trial.
A winning DWI defense strategy explores all potential defenses. Since every DWI criminal case is unique, our experienced DWI defense attorney explores all possible avenues to defend a DWI criminal case.
If you or a member of your family have been charged with DWI in Texas, contact The Law Office of Alex Tyra, P.C. at (903) 753-7499 for your free case review with our legal team.
The Law Office of Alex Tyra, P.C.
211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499