If you have recently gotten a DWI in Texas, the good news is that you have options. Most often, people who get a DWI do not know all of their options and are forthcoming with their guilt and ready to pay their dues. However, there are many ways to fight a DWI that have been successful in Texas that involvemost of the burden being on the Prosecuting Attorney.
What You Need to Fight a DWI
If you have questions about how to fight a DWI in Texas, you should immediately retain a lawyer. Lawyers are there to fight for your side of the case and have more knowledge about fighting DWIs than you most likely do. Your lawyer will need to figure out exactly what happened the day of the DWI arrest and how to fight your charges.
Things that Must be Proven Before Being Found Guilty of a DWI in Texas
If you have just gotten a DWI, you need to know a few things that the State must prove in your case. Your identity must be proven. If you were operating a motor vehicle or in a public place, these are also facts the Prosecuting Attorney must prove. What specific county you were located in at the time of your arrest must also be a fact delivered by the State. The Prosecuting Attorney must also be able to prove the blood or breath alcohol level that was recorded over the legal limit or that you did not have normal use of your mental or physical capabilities at the time of your arrest. All of these things must be proven by the Prosecuting Attorney in order to be considered guilty of a DWI in Texas.
Things You Need to Tell Your Attorney
In order to get the facts straight, you need to be open and honest about the events leading up to your arrest. How much and what kind of alcohol, the officer’s reason for stopping you, the number of witnesses present at the time of the arrest, and if you were observed fifteen minutes prior to having a breath test done are all things your attorney needs to know. Be sure to tell your lawyer as much as you can remember as it can be helpful later on in your case.
Preliminary Motions that Need to Be Filed Prior to a DWI Trial
If any of these situations apply to your case, these motions must be filed ahead of time or it can cause serious damage to your trial. If you were unconstitutionally stopped, searched and seizure, or were failed to be given your Miranda Rights, your lawyer must file for a Motion to Suppress Evidence prior to the beginning of your trial. In order to stay ahead of the State, your attorney will also want to file a Motion of Discovery so that you may see all of the evidence that the Prosecuting Attorney intends to use during the trial.
If an attorney fails to file any of these motions relevant to your case, he or she may have prevented your case from being dismissed. You may not see all of the evidence being used against you that you could have used to prove your innocence which will lead to an extended trial, or even worse, a guilty charge.
When in Doubt and Under a DWI Charge
If you are unsure about what the next steps are in your DWI case, the best option is to call your lawyer. If you feel that your lawyer is not doing his or her best to give you a proper defense, you may need to call another lawyer to get more information and answers. Attorneys are the best option when it comes to getting a DWI case dismissed and without them it is almost impossible to get a DWI overturned. Moral of the story is: when in doubt about your DWI, call a lawyer.