If you currently face a DWI charge, you should obtain legal counsel as soon as possible.
A DWI conviction can lead to serious consequences, including fines, jail time, and a suspended license. An experienced criminal defense lawyer can help you understand the legal process, build a strong defense, and potentially reduce or eliminate the charge.
They can also challenge evidence like Breathalyzer tests or field sobriety results. In short, having an experienced Dallas DWI lawyer on your side increases your chances of a better outcome in your case.
What Must a Prosecutor Prove in a DWI Case?
To convict you in a DWI (Driving While Intoxicated) case, a prosecutor must prove several key elements beyond a reasonable doubt. These elements vary slightly by state, but they generally follow the same structure.
Here’s what they need to prove:
- You Operated a Vehicle – The first thing a prosecutor must prove is that you drove or controlled a vehicle. This doesn’t always mean you were actively driving when the police stopped you. Even sitting behind the wheel with the keys in the ignition can constitute operating the vehicle.
- You Were Intoxicated – The prosecutor also needs to prove that you were intoxicated at the time you were operating the vehicle. Intoxication typically means your blood alcohol concentration (BAC) is above the legal limit (usually 0.08 percent). However, even if your BAC is lower than the legal limit, you can still be convicted if the prosecutor shows that alcohol or drugs impaired your ability to drive. There are two common ways the prosecutor proves intoxication:
- Chemical Tests – Breathalyzer or blood test results showing a BAC of 0.08 percent or higher
- Observation – Testimony from the arresting officer about your behavior, including slurred speech, bloodshot eyes, the smell of alcohol, or failing field sobriety tests (such as walking in a straight line or standing on one leg).
- Lawful Arrest – The police must lawfully arrest you. This means the police must have had a legitimate reason to pull you over in the first place, such as speeding, swerving, or running a red light. If the police didn’t follow proper procedures, the court may throw out the evidence they gathered (like a BAC test).
- Proving Impairment – In cases where police use no chemical test, the prosecutor may rely more heavily on evidence of your driving, such as witness statements, erratic driving, or even video footage, to prove that alcohol or drugs impaired you.
Ultimately, the prosecutor must show that your level of intoxication made it unsafe for you to drive. If they cannot prove these elements, the court cannot convict you.
Possible Penalties for a DWI Conviction
The penalties for a DWI (Driving While Intoxicated) conviction can vary widely depending on several factors, including whether it’s your first offense, your blood alcohol concentration (BAC) at the time of arrest, and whether there were any aggravating factors, such as causing an accident or injury.
Below are some common penalties you may face if convicted of DWI.
- Fines – One of the most common penalties for a DWI conviction is a fine. For a first offense, fines typically range from a few hundred to a few thousand dollars, depending on the state and the specific circumstances of the case. For repeat offenders, the fines are often higher.
- Jail Time – A DWI conviction may also result in jail time. For a first offense, jail time may range from a few days to several months, though in some cases, first-time offenders may receive probation instead of jail time. For second or subsequent offenses, jail time is often mandatory and can range from several months to years, especially if the offense involves serious injury or death.
- License Suspension – If convicted of DWI, your driver’s license will almost certainly be suspended. The length of the suspension varies by state and offense. For a first-time DWI, you may lose your license for several months to a year. For repeat offenders, the suspension can increase, and in some cases, the state may permanently revoke your license.
- Ignition Interlock Device – Many states require the installation of an ignition interlock device (IID) for those convicted of DWI – especially repeat offenders. An IID requires you to pass a breath test before your car will start. This device is usually installed for a period of several months to a few years, depending on the severity of the offense.
- Alcohol Education and Treatment Programs – In many cases, the court will require you to attend alcohol education or treatment programs as part of your sentencing. These programs aim to prevent future offenses by addressing alcohol abuse.
- Community Service – In some cases, the court may require community service as part of the penalty. The number of hours can vary depending on the severity of the offense.
- Long-Term Collateral Consequences – A DWI conviction can also have long-term effects on your life, including higher insurance rates, difficulty finding employment, and a permanent criminal record.
Each state has specific guidelines, so the penalties can differ depending on which state convicted you.
Defenses to a DWI Charge
You can employ several possible legal defenses to a DWI charge, depending on the case. A skilled defense attorney will examine your arrest, the evidence against you, and the procedures that the police followed to develop a strong defense.
Below are some common defenses to a DWI charge:
- Illegal Traffic Stop – One of the most common defenses is challenging the legality of the traffic stop. The police must have a valid reason, or reasonable suspicion, to pull you over. This can include speeding, swerving, or running a red light. If the police didn’t have a legitimate reason for stopping you, any evidence collected afterward, such as a Breathalyzer test, may be considered inadmissible in court.
- Inaccurate Field Sobriety Tests – Field sobriety tests (FSTs), such as walking in a straight line or standing on one leg, are often used to determine whether a driver is impaired. However, these tests are not always reliable indicators of intoxication. Many factors can affect your ability to pass these tests, including medical conditions, poor weather, uneven road surfaces, or even anxiety. Your DWI defense attorney may argue that police improperly administered these tests or that they produced unreliable results.
- Faulty Breathalyzer Test – Breathalyzer devices can measure your blood alcohol concentration (BAC), but police must regularly maintain and calibrate them to give accurate results. If police improperly calibrated the Breathalyzer used in your case, or if the officer administering the test was not properly trained, your DWI defense attorney may challenge the results. Additionally, certain medical conditions, like acid reflux or diabetes, can lead to falsely high BAC readings.
- Rising BAC Defense – Alcohol takes time to absorb into your bloodstream. If you had your last drink shortly before police pulled you over, your BAC may not have exceeded the legal limit while driving, but it may have risen above the limit by the time the Breathalyzer test was administered. This is known as the rising BAC defense.
- Challenging the Chain of Custody – If your case involves a blood test, the prosecution must prove that police properly handled the sample from the moment they collected it to the time they analyzed it. Any mistakes in how they stored, transported, or tested the sample can cast doubt on the accuracy of the results, weakening the prosecution’s case.
By using one or more of these defenses, a lawyer can work to reduce or even dismiss the charges.
How Can a Lawyer Help in a DWI Case?
The consequences of a conviction can include fines, jail time, and a suspended driver’s license. An experienced lawyer can make a significant difference in the outcome of your case.- Explaining the Legal Process – One of the first ways a defense lawyer can help is by explaining the legal process to you. Your DWI lawyer will help you understand your charges, the potential penalties, and the steps involved in your case. They can also advise you on your rights, ensuring that you don’t unintentionally make decisions that may hurt your case.
- Investigating Your Case – A criminal defense lawyer will thoroughly investigate your case to look for any weaknesses in the prosecution’s evidence. They may review the police report, examine the legality of the traffic stop, and challenge the accuracy of any field sobriety or Breathalyzer tests. If there were any mistakes made by law enforcement, your lawyer might use those to your advantage, possibly getting key evidence thrown out or having the case dismissed entirely.
- Building a Strong Defense – A lawyer can build a defense strategy tailored to your case. This may include challenging the validity of the Breathalyzer results, questioning whether the police had probable cause to pull you over, or arguing that external factors (like medical conditions) affected your field sobriety test. Depending on the circumstances, they may negotiate for a reduced charge or a lesser sentence, such as probation instead of jail time.
- Negotiating Plea Bargains – In some cases, your lawyer may negotiate a plea bargain with the prosecutor. This can involve pleading guilty to a lesser charge in exchange for a reduced penalty. A good defense lawyer knows when to fight a case in court and when to seek a plea deal that minimizes the consequences.
- Representing You in Court – If your case goes to trial, a criminal defense lawyer will represent you in court, presenting your defense and cross-examining witnesses. They will argue on your behalf, working to create reasonable doubt in the minds of the jury and ultimately aiming for an acquittal.
What Happens at a DWI Trial?
A DWI follows a specific process designed to determine whether you are guilty or not guilty of the charges against you. Here’s what you can expect during a DWI trial:- Jury Selection (if applicable) – If a jury hears your case, the first step in the trial is jury selection. Both the defense and prosecution can question potential jurors to ensure they can act fairly and impartially. The goal is to select a jury to consider the evidence without bias.
- Opening Statements – Once the jury is selected (or if you have chosen a bench trial where a judge hears the case), the trial begins with opening statements from both the prosecution and the defense. These statements give both sides the chance to outline their case and set the stage for what they will try to prove during the trial.
- Prosecution’s Case – The prosecution goes first in presenting its evidence because it bears the burden of proof. This means they must prove beyond a reasonable doubt that you were driving while intoxicated. The prosecution will call witnesses, which often include the police officers who made the arrest. They may also introduce evidence like Breathalyzer or blood test results, field sobriety test results, and any video or photographic evidence from the traffic stop. During this time, your defense lawyer will have the opportunity to cross-examine the prosecution’s witnesses to challenge their testimony or cast doubt on the evidence.
- Defense’s Case – After the prosecution presents its case, it’s the defense’s turn. Your lawyer may call witnesses to testify on your behalf, present evidence that contradicts the prosecution’s claims, or point out weaknesses in the state’s evidence. You may choose to testify, though you are not required to do so. Your lawyer may also argue that the police did not follow proper procedures or that the evidence is unreliable.
- Closing Arguments – Once both sides have presented their evidence, they will give closing arguments. This is where each side summarizes their case and makes a final appeal to the jury (or judge) to rule in their favor.
- Verdict – After closing arguments, the jury deliberates and then delivers a verdict of either guilty or not guilty. In a bench trial, the judge makes this decision. If the court finds you guilty, you will face sentencing. If the court finds you not guilty, it will acquit you, and the case ends.
Call an Experienced DWI Defense Lawyer Today
If you face a DWI charge, you need an experienced criminal defense attorney to advocate for you immediately. Your lawyer can determine your eligibility for various legal defenses, represent you in court, or pursue a favorable plea deal from the state prosecutor in your case. Your lawyer will do everything they can to obtain a favorable result on your behalf.
