Helpful Ideas On DUI/DWI Defenses In Houston
Part 1
An accused person can face serious penalties and consequences if they are proven guilty on a charge of driving under the influence (DUI), also referred to as driving while intoxicated (DWI). The best way for an accused person to handle a case of DUI is to seek legal guidance on the available defenses from a professional DUI lawyer.
Having the right defense for a DUI charge may be enough to convince the prosecutor to drop or lower the charges, avoid suspension of the driver’s license, or get acquitted during trial.
What The Prosecution Must Prove For A DUI Conviction
The prosecutor must prove the following accusations as they are leveled against the defendant. That the accused person:
Was driving a vehicle, and was “under the influence”. Effectively, “under the influence” means a certain amount of drugs or alcohol concentration in the body significantly impaired the driver’s capacity to operate a motor vehicle on the road.
During a defense for a DUI charge, the goal is to cast doubt on both of the components, making it hard for the prosecution team to have the defendant duly convicted. In some instances, the defenses available for a DUI charge depend on the DUI laws in a specific state. In this article, we provide a summary of DUI defenses in most states.
Defenses Related To Driving
In some states, the prosecution must prove the defendant was actually driving the vehicle if they are to get the accused to be convicted. That means, as the accused, you will have a solid defense if the police found the defendant sleeping in a parked car when they arrived.
In other states, the prosecution does not need to prove the defendant was driving the vehicle. To prove that the defendant was operating or in actual physical control of a vehicle while intoxicated is enough to get the driver convicted. Simply put, the defendant is likely to be judged guilty if the police found him intoxicated, behind the wheel in a motionless vehicle.
Defenses Related To Driver Intoxication Or Impairment
Evidence to prove the driver was intoxicated can be submitted and presented in different forms. In many instances, the prosecution relies on chemical intoxication tests to prove that the concentration of alcohol or drugs in the driver’s body system was above the allowable limits. Also, it is quite common for the arresting officer to provide testimony during trial on the driver’s state of intoxication.
Challenging Chemical Test Results
Chemical tests are used to prove the intoxication requirement in a DUI charge because they show if the blood alcohol concentration (BAC) of the driver had reached and surpassed the 0.08% mark. It is illegal to drive with a blood alcohol concentration (BAC) of 0.08% and above.
The typical strategy to challenge the results of alcohol- or drug-test results is to claim unreliability of the results on account of an error or oversight during the testing process. The driver will have a good chance of defending a DUI if they can prove the existence of inaccurate measures or assumptions made after the actual time of driving. This defense strategy may require the driver to bring in the collaborative input of an expert witness.
Reach out to Jim Butler today by calling (713) 236-8744. Schedule a free consultation so that you can learn more! Visit our blog for more related articles. Click here for the second article in this series.