Fort Worth DWI Prosecution
After being arrested for driving while intoxicated, the potential prosecution process can be quite stressful. DWI charges can be very intimidating, especially when the person has no experience in the criminal justice system. Dealing with a Fort Worth DWI prosecution after can be even more jarring, especially when done alone.
DWI charges in Fort Worth are taken most seriously and the prosecutor’s office may be reluctant to dismiss or reduce the charges. By contacting an experienced DWI attorney, you could learn more about the potential penalties and how to help your case.
What is the Prosecution Process?
Fort Worth DWI prosecution process follows a certain series of events. First, the district attorney files a DWI case. A court date is set and the person should have an attorney to identify the evidence against them. An attorney may get the client excused from the first court setting and demand discovery from the district attorney.
They access all the materials the prosecutor has including the police reports, videos, recordings, and the breath and blood test records. They review the documents and determine whether other records should be requested or subpoenaed.
There are court dates while the case is pending where the person is required to appear periodically in court. An attorney that specializes in driving while intoxicated charges may work to get the most favorable option for the defendant, by working with the prosecution to negotiate a deal.
Common Issues With Sobriety Tests
The breath testing machine is highly inaccurate and there are some scientific assumptions from the 1950s that were wrong. The blood testing may be inaccurate, done improperly, or interpreted incorrectly. An attorney could win many of these breath and blood test cases, even with breath and blood tests up to 0.20.
The breath and blood test results may be able to be omitted from evidence because of improper procedures or legally-insufficient warrants. This is a disconnect defense, which refers to the disconnect between the breath or blood test results and the person’s behavior on the video recording when they appear normal.
Reasons to Speak With a Fort Worth DWI Attorney
The first thing a lawyer who specializes in driving while intoxicated offenses could do in a Fort Worth prosecution is to not allow the defendant to plead guilty immediately. Secondly, the DWI lawyer may do is have a solid understanding of the science of breath and blood testing. An educated attorney would need to know the science behind sobriety tests, and be able to use that knowledge in a court of law.
The final element an accomplished attorney could do is to be confident with the case and in going to trial. Strong legal representation could investigate the case and determine the merit of the case. By contacting a DWI attorney, you could bolster your chances in receiving a positive outcome from a Fort Worth DWI prosecution.