The most important aspect of a DWI case, or any other criminal case, is the difference between the standard for the officer to arrest, compared with the standard for a judge or jury to convict.
- An officer needs only PROBABLE CAUSE to arrest you for a DWI;
- A jury must be convinced BEYOND A REASONABLE DOUBT that youare guilty in order to convict you. Even further, they must agree UNANIMOUSLY.It’s easy to see that there is a huge difference between the two standards, which leaves a lot of room for discussion at trial.From the moment the police cruiser’s lights come on, the camera is on YOU. If your appearance is reasonable, the videotape of the stop can be invaluable evidence on your behalf. Many cases rest solely on the accused’s performance on videotape, answering questions and performing field sobriety tests. The best policy is to identify yourself, and then politely refuse to answer questions or submit to any tests or searches until you can speak to your lawyer. You may be taken to jail, but there will be little on video that can be used to convict you.
- If you have already been arrested for DWI, please call our office to speak with an Austin DWI lawyer. A DWI conviction can mean loss of a job, higher car insurance, DPS license surcharges, and most importantly, a conviction that never goes away. There are many ways to fight a DWI, and we will be happy to meet with you to go over your case and answer any questions you may have.
- The initial focus of any DWI is the initial stop itself. An officer must have reasonable suspicion that you are under the influence or that you are committing a traffic offense. If the reasons for the stop are deemed insufficient, the entire case may be thrown out.