Travis County DWI Defense While everyone who has been charged with a crime always deserves their fair day in court, when it comes to being in a Texas courtroom, the rules of evidence are what determines what a jury can and cannot see. The most important jobs that a DWI defense attorney has are selecting what evidence to introduce and challenging all of the evidence of the state itself.
The Texas Penal Code officially states that “a person commits offense an offense if the person is intoxicated while operating a motor vehicle in a public place.” The code defines the word “intoxication” as the following:
*Not having normal use of either physical or mental faculties by reason of the introduction of alcohol, drugs, a controlled substance, a combination of two or more of those substances, or other substance that has been introduced into the body
*An alcohol concentration of 0.08 or higher
Texas has the responsibility of proving that an individual is guilty of driving while intoxicated beyond a reasonable doubt. Once the state has produced all of its evidence, if a jury doesn’t feel that burden has been met, then you will officially be acquitted. Even though this sounds simple, defending against a DWI charge isn’t as easy it sounds. For instance, a DWI defense attorney may decide to take the following approaches to various forms of evidence:
*Challenging the overall accuracy of the state’s evidence
*Presenting alternative forms of evidence
*Seeking to exclude the use of evidence
Generally, there really is no bright line in terms of whether evidence that has been presented by a prosecutor is sufficient enough for a DWI conviction, especially since each case is different, as is each jury. Having the services of an experienced attorney is extremely important, as two different juries could end up reaching two different conclusions based on the same evidence. Furthermore, an experienced attorney has the ability to cast doubt on, as well as exclude evidence against, you from being able to be introduced at trial.
Oftentimes, the most pivotal types of evidence that can be presented in a DWI trial are the results of chemical tests, such as breath, urine, and blood tests. In the event that your blood alcohol concentration is determined to be .08 or higher, the jury could mandate that to be convincing evidence; however, these types of test results can’t simply be passed out to jurors, as the state is required to show that the samples were properly taken, as well as that everyone involved with the process was accredited properly and that the chain of custody for the sample wasn’t broken.
Travis County DWI Defense Another useful type of evidence that can be presented in a DWI trial is video evidence. Not only are video cameras often found on police vehicles nowadays, but they’re also commonly found on police officers themselves as well. Additionally, there is also the possibility that video can also be recorded by either nearby businesses or bystanders. This type of evidence is frequently used at DWI trials, and the state may also choose to offer video of your field sobriety test, as well as dashboard camera recordings that show that you committed a traffic violation. Furthermore, your attorney may also choose to introduce video that shows you weren’t showing any evidence of being intoxicated whatsoever.
Other forms of evidence that can be presented as part of a DWI trial include the following:
*Your own specific statements
*Field sobriety test results
*Conclusions of various drug recognition experts
*Testimony from eyewitnesses