What Types of Evidence Are Used in Texas DWI Cases?

Earlier this month, we wrote about the penalties individuals may face in DWI cases. If you or someone you know is facing a DWI charge, understanding the types of evidence that can be used against alleged offenders is equally important. Today, we're discussing the types of evidence that frequently show up in DWI cases.

To schedule a consultation with our team for your DWI case, contact us online or via phone at (817) 497-8148.

Officer Testimony

It's not widely known, but whenever a police officer or law enforcement professional makes an arrest, they're required to submit a report to their station. This report is an officer's subjective account of the arrest and the time leading up to it, and typically details why the officer made a decision to pull an individual over (and subsequently arrest them) in DWI cases.

Since offer accounts are subjective testimony, it's often a key part of the legal strategy for attorneys. Showing discrepancies between an officer's reporting of a DWI and other evidence, such as bodycam or dashcam footage, can help an attorney protect their client from DWI charges.

Other Office & Client-Provided Evidence

In addition to officer testimonies, law enforcement professionals typically give bodycam and dashcam footage to courts in DWI cases. This footage can help demonstrate unsafe driving practices to the court, or display evidence of an alleged offender's behavior during field sobriety tests that supports the officer's decision to arrest them or apply further testing.

Similarly, dashcam footage may help an alleged offender prove their innocence. For example, if an officer claims in their report that an individual was driving erratically, but the alleged offender can demonstrate otherwise using dashcam footage, it can help defend them.

Test Results

Tests in DWI cases often come in two varieties: Field sobriety tests, and chemical tests such as breathalyzer or blood tests. Since Texas is an implied consent state and refusing a test can come with significant penalties, chemical tests play a role in most Texas DWIs.

For defense attorneys and prosecutors alike, the evidence on these tests is vital. Defense attorneys may be able to argue that inclement conditions or weather negatively impacted a field sobriety test and that it should be rendered invalid, or that there was a mistake in a chemical test, for example. Conversely, prosecutors can use the findings of these tests to validate their opinions in a case.

If you're involved in a DWI, having an attorney you can trust at your side is vital. To schedule a consultation with one of our experienced attorneys, contact us online or via phone at (817) 497-8148.