A DWI Arrest May Begin With a Traffic Stop. The Defense Begins With Everything That Happened Before and After It.
Texas DWI cases can involve far more than a breath or blood alcohol number.
The investigation may begin with a traffic stop, an accident, a citizen report, or an officer's observations. It may then involve body-camera footage, standardized field sobriety tests, statements, breath testing, blood testing, search warrants, hospital records, laboratory analysis, and the officer's written report.
Each part of that investigation can present separate factual and legal questions.
Taylor Defense Firm examines the entire sequence rather than beginning with the assumption that an arrest proves intoxication.
What Must the State Prove in a Texas DWI Case?
A DWI prosecution generally requires the State to prove the elements of the charged offense beyond a reasonable doubt.
The defense analysis may include questions such as:
- • Was the person operating the vehicle?
- • What evidence establishes when the person was driving?
- • What was the basis for the traffic stop or police encounter?
- • What did the officer actually observe?
- • What statements were made?
- • Were field sobriety tests administered properly?
- • Was there breath or blood testing?
- • How and when was the sample obtained?
- • Was a warrant used?
- • What does the laboratory evidence actually establish?
- • Does the video support the officer's written description?
- • Was an accident or injury affecting the person's appearance, balance, speech, or performance?
A DWI case should be evaluated from the evidence actually available, not simply from the fact that an arrest occurred.
The Police Report Tells the Officer's Story. The Video May Tell More.
Body-camera and dash-camera footage can be important evidence in a DWI investigation.
The footage may document the driving behavior, the initial encounter, conversations with the officer, physical movements, field sobriety testing, the arrest, and events afterward.
Taylor Defense Firm may compare video evidence with:
- • the offense report
- • sworn statements
- • field sobriety test descriptions
- • timestamps
- • dispatch records
- • witness accounts
- • breath or blood evidence
- • accident evidence
- • booking records
Small differences can matter.
A written report may compress an investigation into several paragraphs. Video may allow the investigation to be examined second by second.
Field Sobriety Tests Are Evidence. They Are Not a Verdict.
Officers frequently use standardized field sobriety tests during DWI investigations.
Depending upon the circumstances, the defense may examine the administration and interpretation of tests such as:
- • Horizontal Gaze Nystagmus
- • Walk-and-Turn
- • One-Leg Stand
The surrounding circumstances can also matter.
Road surface, lighting, footwear, weather, physical condition, injuries, age, instructions, interruptions, traffic, and the manner in which the officer demonstrated or administered a test may affect the evaluation of what occurred.
The video can be compared with the officer's conclusions.
A Laboratory Number Still Has to Be Examined.
Some DWI prosecutions rely heavily upon breath or blood evidence.
Depending upon the case, the defense analysis may involve:
- • how the sample was obtained
- • whether consent was requested
- • whether a search warrant was obtained
- • the timing of the sample
- • chain of custody
- • collection procedures
- • storage and transportation
- • laboratory methodology
- • instrumentation
- • quality-control documentation
- • calculation and interpretation of results
- • hospital blood versus forensic blood
- • medications or other substances identified
- • the relationship between the test result and the alleged time of driving
A numerical result can be important evidence. It should still be examined in the context of how it was obtained, tested, interpreted, and connected to the alleged offense.
A Blood Warrant Is Also a Search Warrant.
When police obtain a warrant for a blood draw, the warrant process may itself become part of the defense investigation.
Questions may include:
- • What facts were presented to the magistrate?
- • When was the warrant requested?
- • When was it signed?
- • When was the blood actually drawn?
- • Does the affidavit accurately describe the investigation?
- • Does body-camera footage match the affidavit?
- • Were material facts omitted or misstated?
- • Was the warrant properly executed?
The constitutional issues surrounding a blood draw may therefore overlap with broader search-and-seizure issues.
After an Accident, Intoxication Is Not the Only Possible Explanation for What Police Observe.
DWI investigations following a collision can present additional issues.
A person involved in an accident may be frightened, injured, disoriented, exhausted, receiving medical treatment, or experiencing pain.
The defense may examine:
- • crash evidence
- • EMS records
- • medical records
- • witness accounts
- • photographs
- • body-camera footage
- • hospital testing
- • medications
- • the timing of police observations
- • whether anyone actually observed the person driving
The circumstances surrounding the collision should be separated from assumptions about intoxication.
Prior DWI History Can Change the Stakes.
Texas DWI punishment can be affected by prior qualifying convictions and by circumstances alleged in the current case.
The precise effect of prior cases depends upon the applicable law and the defendant's actual record.
That makes verification important.
The defense should determine what prior convictions actually exist, whether they are legally available for the purpose asserted by the State, and what punishment range applies to the charged offense.
Taylor Defense Firm's Approach
DWI cases are reconstructed rather than assumed.
Depending upon the case, that may mean comparing:
- • body-camera footage
- • dash-camera footage
- • officer reports
- • dispatch and CAD records
- • field sobriety testing
- • breath records
- • blood evidence
- • laboratory records
- • search warrants
- • medical records
- • accident reports
- • photographs
- • witness statements
- • timestamps
- • jail and booking records
The objective is to determine what happened, what evidence was lawfully obtained, and what the State can actually prove.
Request a Case Evaluation
If you are facing a DWI charge in Texas, Taylor Defense Firm can examine the traffic stop or encounter, video evidence, field sobriety testing, breath or blood evidence, warrants, laboratory records, and the circumstances surrounding the arrest.
REQUEST A CASE EVALUATIONEducational Notice
Information on this page is provided for general educational purposes and is not legal advice. Criminal cases depend upon their individual facts and applicable law. Viewing this website or contacting Taylor Defense Firm does not by itself create an attorney-client relationship.