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Kyle Whitaker Blog

How Can Prosecutors Prove I Was Drinking and Driving?

Driving while intoxicated (DWI) with alcohol or drugs isn’t only dangerous. It is also illegal in all states. Despite this, drunk driving remains to be one of the top causes of motor vehicle crashes in the country, often causing life-changing injuries and deaths. This is why DWI laws are strictly enforced in Texas, and a DWI conviction carries serious penalties.

If you are facing a charge of DWI in Texas, the prosecutor must prove that:

Prosecutors can use a variety of evidence to prove that you are guilty of DWI:

The Results of Your Field Sobriety Tests

The results and arresting officer’s findings of your performance during these tests can be utilized as evidence in a DWI case. However, you can challenge the validity and reliability of the officer’s findings by demonstrating that they failed to administer the tests properly or providing a solid explanation for failing the tests.

Your Breath Sample

Your breath sample from the breathalyzer test (if you took one) can help prove how intoxicated you were when the officer stopped you. But there are many ways to challenge the results of breathalyzer tests.

The Observations of The Arresting Officer

When the arresting officer is called to provide testimony in your DWI trial, they will be asked to provide their observations of the event, including the events prior to, during, and after you were stopped.

Any Statements to The Arresting Officer

The arresting officer may also be called in to relay every statement you made during and after the traffic stop. But depending on the circumstances, your statements may be deemed inadmissible in your DWI trial.

Eyewitness Statements

The prosecutor can ask eyewitnesses (if there are any) to testify against you in court. However, eyewitness statements aren’t always reliable, and a skilled Fort Worth DWI defense attorney can find ways to discredit the witness statements and reduce their impact on your case.

Evidence From Your Car

If the arresting officer found an open container inside your car, the prosecutor can use it as circumstantial evidence to try and prove that you were drinking while driving, but only if the search of your car was lawful.

Video Footage from The Police Body Camera or Dashcam

The prosecutor can likewise introduce into evidence footage of the traffic stop and your driving from the arresting officer’s body camera or dashcam.

Consult with a Skilled Fort Worth TX DWI Defense Attorney Now

When facing a charge of DWI in Fort Worth, it’s extremely vital that you understand all the evidence that the prosecution can use against you. It’s equally vital to work with an experienced Fort Worth DWI defense attorney who can fight for your rights in court. Contact the law office of Kyle Whitaker at 817-332-7703 or online to schedule your consultation with our Fort Worth DUI defense attorney and learn how we can defend the DWI charges against you.