Some motorists get arrested for driving while intoxicated (DWI) charges during one-on-one traffic stops. Other Texas motorists get arrested at the scene of a crash. They may face a variety of penalties and charges ranging from misdemeanor to felony offenses depending on the circumstances.
Whether other people got hurt, someone’s driving record and other factors influence the charges and penalties possible. Those hoping to avoid a DWI conviction need to plan ahead of time if they hope to prevail in criminal court. Learning about how the state builds its case can help defendants strategize.
What evidence influences Texas DWI cases?
Footage or testimony related to poor driving
Often, police officers intending to pull someone over for impairment follow them for a bit in traffic first. That way, their dashboard cameras capture footage of that driver swerving all over the road or otherwise displaying impaired abilities. Such footage can help prosecutors convince the courts that a motorist was under the influence and should not have gotten behind the wheel.
Other times, there might be witness statements from those who saw a driver at the wheel prior to a crash or a targeted traffic stop. Drivers can potentially respond to footage and witness accusations by explaining what may seem like impaired driving. Sometimes, there is a reasonable explanation for a driver swerving or stopping for no apparent reason.
Field sobriety test results
Police officers who think someone has had too much to drink often ask them to exit the vehicle. They then have the driver perform a series of physical tests to gauge their likelihood of intoxication. Police officers should have video footage of those test results. Playing video footage of field sobriety tests in court can strengthen the claim that someone was under the influence. Of course, there are sometimes perfectly innocent explanations for why a driver struggles to handle field sobriety tests.
Chemical test results
Once a police officer has grounds to arrest someone, they are likely to request a breath test. In more serious cases, such as an arrest after a crash, there may even be a request for a blood test. Chemical testing can help corroborate the claim that someone’s blood alcohol concentration (BAC) was over the legal limit for their license type. Most drivers are subject to a 0.08% BAC limit.
Many drivers may have a reasonable explanation for what seems like unsafe driving or poor test performance. Reviewing the state’s evidence with the assistance of a skilled legal team could potentially help a motorist to avoid a DWI conviction. Drivers who fight their charges successfully can avoid jail time, fines and the loss of their licenses.