Witnesses

 

Under Texas law, drivers are prohibited from operating a motor vehicle if their blood alcohol concentration (BAC) level is at or above 0.08. In the event that you are arrested for allegedly driving while over the legal limit, you will find yourself facing some very serious criminal charges.

In order to actually be convicted of a DWI offense, the prosecution must be able to present evidence that establishes your guilt beyond a reasonable doubt. Of course, as a defendant, you also have the right to present evidence to the court. All exculpatory evidence should be included as part of your legal defense.

Notably, one of the most powerful forms of evidence is witness testimony. Witness testimony comes in a wide range of different forms. In some cases, witness testimony could destroy the prosecution’s entire case. In other cases, a witness may provide support to your defense in a subtle, but still important way. Here, in order to teach people how to beat a DUI/DWI, our skilled Austin DWI defense attorney highlights the two key categories of witness testimony: eyewitness testimony and expert witness testimony.

Eyewitness Testimony is Critically Important

Eyewitness testimony can be a key part of your DWI defense. Certainly, eyewitnesses are not relevant or available in every case; but, when an eyewitness has important information, your attorney can and should bring them in to discuss the issue. It may be advisable to have the eyewitness prepare testimony on your behalf.

In drunk driving cases, eyewitnesses that are called in support of the defendant are used to offer many different types of evidentiary support. In some cases, these witnesses may have been a passenger in the vehicle when the DWI arrest occurred. These witnesses may be able to testify about the arrest or certain actions of the police officers. In other cases, eyewitnesses may have spent time with you throughout the earlier parts of the night. You may even be able to bring in a witness who saw you get pulled over. Regardless, when you have a witness that can support your innocence, that witness needs to speak to your Austin DWI defense lawyer.

Your Lawyer May Bring In Expert Witnesses

Beyond eyewitnesses, expert witnesses are also sometimes called to the stand in criminal defense cases. The role of the expert witness is to give testimony relating to a key aspect of the prosecution’s case. In most Texas DWI cases, expert witnesses testify regarding the validity of the testing that was conducted by the responding law enforcement officers.

Depending on the specific facts of the case at hand, an expert witness may provide testimony related to Standardized Field Sobriety Tests (SFSTs), such as the Horizontal Gaze Nystagmus (HGN) test. Alternatively, the expert witness may testify regarding the results of the breathalyzer test or a blood test. If for any reason this testing proves to be unreliable, the prosecution may lack the evidence that it needs to prove the DWI charges beyond a reasonable doubt. When this happens, the criminal charges against you may be significantly reduced or simply dismissed entirely.