What Evidence May Be Used in a Collin County DWI Case?

 Posted on February 11, 2022 in DWI

In Texas, a conviction for driving while intoxicated (DWI) can lead to significant penalties that have a considerable influence on the offender’s life. Even a first-time DWI conviction involves a three-day mandatory jail sentence. Second, third, or subsequent DWI charges can lead to even harsher consequences, including up to a year or more in jail. Driver’s license suspension, mandatory DWI education classes, probation, and a mandatory ignition interlock device are also potential consequences of a DWI conviction.

If you or a loved one were charged with drunk driving in Texas, contact a DWI defense lawyer for help. You may be able to avoid conviction by presenting a compelling defense founded upon supporting evidence.

Fighting For Your Freedom Using Strong Evidence

To convict someone of driving while intoxicated, the prosecution must prove that the defendant was drunk driving “beyond a reasonable doubt.” One of the best defense strategies is to demonstrate that there is reasonable doubt as to the defendant’s guilt. Examples of evidence that may be useful in a drunk driving defense case include:

• The breath alcohol test results – Breath tests or “breathalyzers” are often used to demonstrate that a driver’s blood alcohol content (BAC) is above the legal limit. However, breath tests can sometimes yield inaccurate results. Mistakes during the administration of the test, defects with the breath test device, and misinterpretation of the test results can lead to false positives. Breath tests must be regularly calibrated, cleaned, and maintained to work properly. If your attorney can show that the breath test results were not reliable, you may be able to avoid conviction.
• The blood test results – A blood sample may be used to demonstrate that someone is intoxicated by alcohol or drugs. However, like breath tests, blood tests are only reliable if the test was conducted properly. The blood sample must be obtained and stored using the correct methodology during a certain window of time to be accurate.
• Dashcam footage and other video footage – Most police cars have a dash camera that records traffic stops. Your attorney may be able to use the footage from dashcams or other cameras to argue your innocence.
• Witness statements – Your testimony and testimony from other individuals at the DWI scene may be able to valuable input that supports your innocence.
• Police report – Errors or missing information on the police report or other police records may be useful in a DWI defense case. For example, Police officers must have “probable cause” to pull someone over. If police cannot justify the reason for the initial traffic stop, any evidence collected during the traffic stop may be inadmissible. Police must also read suspects their Miranda rights upon arrest.

Contact a Collin County DWI Defense Lawyer

The knowledgeable Frisco criminal defense attorneys at Law Offices of Biederman & Burleson P.L.L.C. have secured hundreds of “not guilty” verdicts in DWI cases and other criminal cases. Call our office at 469-333-3333 for a free, confidential consultation to get started.

Source:

https://statutes.capitol.texas.gov/docs/pe/htm/pe.49.htm