To prove that a person is intoxicated for the purposes of a driving while intoxicated (DWI) trial, the state must prove either that the person did not have the normal use of their mental or physical faculties or that the person had a blood or breath alcohol concentration of .08 or more. This gives the State two alternative ways to prove that someone is intoxicated, which makes it a lot harder for the defense to win a DWI trial when the Defendant provides a breath specimen.
However, this week the Law Office of The Law Office of Matthew D. Sharp proved that it could be done. Our client was charged with DWI in Fort Bend County, and blew a .19 when she was asked to provide a breath specimen. Effective cross-examination showed the jury that the police officer who investigated the case jumped to conclusions when he determined that our client was intoxicated, and that he intentionally lied on several portions of his report. The jury was also shown that our client’s performance on the video of her field sobriety tests was simply inconsistent with the breath alcohol concentration number provided by the machine. The state was asking the jury to believe what they were told by a machine, and not what they could see on the video. In the end the jury came back with a unanimous not guilty verdict.
The defense of disconnect between the video and the breath test result can be very effective in DWI trials. Juries become suspicious (and for good reason) when they see a video where the defendant performs quite well on the field sobriety tests, and then they are shown a breath test result which indicates that at the time the video was made, the person should not have been able to stand up, much less complete a balancing test. The jurors end up having to decide whether they believe either that the defendant’s body could defy the laws of chemistry and biology and allow him or her to perform those tests at such a high alcohol concentration, or that there is something wrong with the machine.
If you or a loved one are accused of DWI you need an experienced attorney on your side. Not only can a DWI conviction affect your ability to get a job, but it will also result in thousands of dollars in fines and surcharges, a possible suspension of your driver’s license, and even jail time. Contact the Law Office of The Law Office of Matthew D. Sharp today to make sure you have a skilled attorney in your corner.
