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  • Writer's pictureBrian Foley

Board Certified DWI Attorney Conroe - What makes the difference in a DWI?

Board Certified DWI Attorney Conroe - Brian Foley

What makes the difference in a DWI case? How do you get a case dismissed when the blood alcohol level comes back at three times the legal limit? How do you win a trial with a jury looking at the same results. The answer is that jurors and skilled prosecutors know that what makes the difference in a DWI case is how the client looks on video.

DWI Videos are recorded by police using both dash cameras and body mounted cameras. The most persuasive piece of evidence for either side in a DWI case is how the client looks on video. I heard it explained by another lawyer as, "are you going to believe the blood test, or YOUR LYING EYES."

Blood tests are collected, processed, and generated by humans and machines or instruments. (There is an ongoing battle between defense attorneys and prosecutors on what exactly to call these machines or instruments. Humans have human error, and technology breaks down from time to time. What people trust is their own life experience and judgment. And we believe what we can see with our own eyes.

If you look good on video it is going to be an uphill battle for a prosecutor to win a DWI case even if you have a high blood alcohol level listed on your result. In fact the higher the blood alcohol level the more difficult it will be to believe that the result is accurate if you still do not appear heavily intoxicated on video.

Statements on video can be suppressed based on a failure to provide Miranda warnings. Miranda warnings are the warnings which are required by the Supreme Court Case Miranda v. Arizona. Lets say you were speeding at 120 miles per hour and the police immediately arrested you and started questioning you about how much you have been drinking. If they never read you the warnings which state that you have the right to remain silent, anything can and will be used against you and that you have a right to an Attorney and that if you cannot afford an attorney one will be appointed to you, then they risk having the evidence thrown out at trial.. This is why it is critically important to have a lawyer with trial experience. A lawyer with trial experience knows how these issues unfold in front of the judge presiding over your court and jurors that are selected from the community.

So if you are wanting to know what is likely to happen in your DWI case, get a lawyer who's seen thousands of them take a look and tell you the chances of getting the case dismissed or winning at trial.


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For attorneys: This Blog is informational and educational in nature and is not a substitute for Westlaw or other research and consultation on specific matters pertaining to your clients. As you know the law can change day to day based on recent case opinions. And unfortunately you shouldn't cite it in court as binding authority because it is not. Mention it to your friends, just seek real consultation if its something important.

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