Most DWI cases revolve around the results of chemical tests, such a breath or urine test. But many cases actually have no test results, either because the driver refused to give a sample or because the test wasn’t designed to catch the drugs in the driver’s system. In those cases, the state will have to rely on other evidence to gain a conviction.
And that’s where eyewitness testimony often comes in. At Tad Nelson & Associates, we’ve tackled many Houston DWI cases where witnesses played a prominent role. The state can call eyewitnesses to testify against you, but we can also use eyewitnesses as part of your defense.
Why the State Uses Witnesses
Let’s say you didn’t give a breath or blood sample after being pulled over. You can still be convicted of DWI, but the state needs to show you were intoxicated, meaning that drugs or alcohol (or some combination) impaired your normal faculties.
How does the state do this? Usually with eyewitness testimony. The officer who arrested you is a witness to your alleged crime, and their testimony is critical for establishing that the stop was constitutional. The officer can also testify about how you appeared during a field sobriety test or simply when you were sitting behind the wheel of a car.
The state might also have witnesses testify that they saw you stumbling out of a bar or tavern while holding your car keys. This type of witness can help bolster that you were drunk. Or another motorist on the road can testify about how you were swerving over the centerline or ran a red light.
How We Use Witnesses for Your Defense
Defendants have a constitutional right to put on a defense, and witness testimony could be critical. We have had success using witnesses in a couple of different ways.
First, witnesses can undermine the state’s claim that the stop was legitimate. For example, a passenger in your car could testify that you were not driving erratically and there was no reason for the police to pull you over. If we are successful, we can ask the judge to dismiss charges.
Second, we can use witnesses to establish you had normal control of your faculties. This only works if you didn’t give a sample that establishes how much alcohol or drugs you had in your system. Witnesses could include anyone riding with you or another motorist on the road.
Sometimes, police arrest the wrong person, especially after an accident where all occupants might be standing around outside the car when the cops pull up. A witness could testify as to who exited the vehicle from the passenger’s seat, which can undermine the DWI case against you.
We also try to punch holes in any prosecution witness’ testimony. For example, the witness might not have been able to see clearly because of rain, fog, or darkness. Any witness from a bar or tavern could also have been intoxicated themselves.
Facing Misdemeanor or Felony DWI Charges?
Contact Tad Nelson for Immediate Help.
DWI cases are not as open-and-shut as prosecutors like to claim. There are a number of options available for us to use in the creation of a defense strategy. In fact, it’s no uncommon for us to get DWI cases dismissed in Houston. Have questions? Give us a call at 281-502-2122 to speak with our legal team about your situation. Ask for Tad or Amber.
