Proving a Dallas DWI in Court

Proving a Dallas DWI in Court

There are four things that the prosecution needs to prove in Texas in order for there to be a DWI conviction. They are that someone was intoxicated while operating a motor vehicle in a public place. All of those elements have to be true for the defendant to be convicted and it is one of the jobs of an experienced Dallas DWI attorney to try and prove that all four things do not fall into place.

For the prosecution to prove you were indeed intoxicated, a Blood Alcohol Concentration level of .08% must be found via either a breathalyzer test or blood tests. If you were not drinking, but were under the influence of drugs, that needs to be proven through a blood or urine tests. The arresting officer also has the right to use field sobriety tests as grounds for arrest, but many experts agree that using this as evidence alone is not always reliable. Your DWI attorney in Dallas will verify if all of these tests were given according to procedure.

The definition of the second two elements, operating a motor vehicle, means that the person in question must be in a vehicle operated by a motor with the keys in the ignition. The vehicle must also be in operable shape, meaning it must be able to be driven. The public place that the vehicle is operating in while you are allegedly intoxicated is defined as any area that the public or a substantial amount of people has access to. This can include regular streets, highways or any public grounds where people convene like hospitals, shopping areas or schools.

If all of these elements line up correctly, the state does have a case against you and a Dallas DWI lawyer needs to work to poke holes in that case for an acquittal or at least try to make sure you get the minimum penalties allowed by law. He or she will investigate everything that happened at the time you were charged and you must reveal everything to your attorney and not lie at all. You cannot ask for a good defense if the person defending you does not have all the facts. You do not want any surprises occurring at trial that can lead to a negative outcome.

And, remember, you do not have to face these charges alone and do have rights. If you are been arrested for driving while intoxicated, call a DWI lawyer in Dallas today for help.

Share this post