Getting pulled over by the police is never fun. An arrest and charges for DWI can add significant stress and pressure to any police stop. Drunk driving should always be avoided because it can endanger the driver and anyone in the car or on the street. However, not every DWI case is black and white. There is a lot that goes into determining whether an arrest for DWI is legitimate and will result in fines, license suspension, or even jail time. The onus of proof is on the state. They need to show that the person driving was indeed drunk and posed a safety risk to themselves and others. It’s important to know what steps the state needs to go through in order to get a conviction. When looking for a capable DWI lawyer, Texas has attorneys that will fight for you in your case.
Beyond a Reasonable Doubt
We hear this term a lot on television related to court cases, but what does it actually mean? Proving something beyond a reasonable doubt means there must be overwhelming evidence that someone committed an offence. If there is any sliver of doubt, if a procedural mistake that was made during the police stop that could have tainted test results, then that does not provide necessary certainty. Citizens’ rights in the United States are help in high respect by the courts. Anything that threatens to limit those rights, like taking away a driver’s license, is not taken lightly.
Proof of Probable Cause
DWI stops and searches are treated like warrantless seizures. The police officer did not call ahead or have a warrant to interrogate you, search your car, or your person. Therefore, they must have had probable cause to stop. This often means that the driver must have seen you driving erratically, smelled alcohol on your breath, or have some other suspicion that you violated the law. A DWI lawyer Texas has licensed will know the ins and outs of what’s needed to prove guilt in a traffic stop.
Testing for Alcohol Levels
One of the most common pieces of evidence used in court during DWI hearings is breath tests. Suspects are asked to breathe into a device that measures their blood alcohol levels. It’s the most common DWI test administered by police. There are other tests like taking actual blood samples and field sobriety tests, but breathalyzers are used most often. The state must show that the device was working properly, the officer knew what he or she was doing, and that the test was administered correctly.
A DWI Lawyer in Texas can Help
A DWI lawyer in Texas can help build a case to protect you or a loved one when facing DWI charges. They will have the experience necessary to know when there is not overwhelming evidence and work with the courts to avoid a conviction. Stephen Bowling & Associates is a team of seasoned DWI lawyers, Texas is the area we serve. Contact our team to talk about how we can help with your case.
