Texas DWI Defense Attorney Talks About Evidentiary Challenges to DWI Charges

When a driver is charged with DWI, the state has the responsibility of proving that the driver did what the State says that they did – that they were operating a motor vehicle while their blood alcohol level was more than the legal limit. To prove this, the State must present evidence in support of its case. Presenting evidence is not always a simple matter, which can be a good thing for DWI defendants. There are things that can be wrong with the State’s case, from not having enough evidence, to evidence that was not handled or stored properly, to witnesses whose credibility cannot be established and more. These problems with evidence can provide defense attorneys with opportunities to get the charges against their clients reduced or even dismissed in some cases.

A case in New Jersey illustrates how problems with evidence can result in the dismissal of a DWI (DUI in some states) case. In 2011, a New Jersey police officer was charged with DUI after he crashed into the wall of a supermarket. The officer’s attorney requested that the state provide specific pieces of evidence through the discovery process. The State did not provide the attorney with all of the evidence that was requested. The attorney requested a hearing and the charges against the officer were dismissed after the judge found that the prosecution failed to provide some of the requested evidence to the defense attorney. Failure to provide evidence during discovery is just one of the ways that a problem with evidence can lead to the dismissal of charges.

There are other types of technical issues that can provide defense attorneys with opportunities to request dismissal of DWI charges. Experienced defense attorneys know how to go through the State’s case and scrutinize it, looking for every way that they can defend their client. Blood alcohol test results are an area where things could go wrong for the prosecution and work in favor of the defendant. For example, if the test was not performed correctly or by a person who is authorized to perform the test, the validity of the results can be questioned. Likewise, if the sample was not handled properly, the results of the test might not be allowed to be presented as evidence. When there are questions about blood tests, witnesses may have to be called by the State to try to support the validity of the test results. If those witnesses do not appear, the test result evidence could get suppressed, and the defense attorney could get the case dismissed. Breath test results can be challenged in the same manner, and those tests may provide even more opportunities for fault-finding than blood tests because the machines and testing procedures must be followed correctly by the officer who is administering the test to produce a valid result.

Warrants are another area of evidence where defense attorneys can find fault. If a defendant is not properly warned, as in properly read their Miranda rights and they say or do things that the State later tries to use against them as evidence, the admissibility of that evidence can be challenged as having been obtained in violation of the defendant’s rights.

If you are facing DWI charges, protect your rights by speaking with a Texas DWI Defense Attorney immediately. Jack Pettit, Attorney at Law, has served DWI clients in the Dallas area for over thirty years. Call him today, at 214-521-4567.



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