I get asked all of the time about the cases I tried as a Judge and why certain cases go to trial. Most recently, I was asked,”Do DWI cases ever go to trial?”
Yes, they do.
All of the time, in fact. There are many reasons for this. Primarily, the offense is subjective. It is impossible for one person to determine if another person is above the legal limit of .08. But this is a hot ticket item for prosecutors and big money for cops, MADD (Mothers Against Drunk Driving), and the entire machine of the criminal justice system. DPS estimates that one DWI can cost as much as $17,000.00. So you can see how the criminal justice system needs to keep the money flowing with these cases.
The detection of borderline (just above or below .08) DWI cases and even those that are alleged to be much higher can always be disputed as the science behind certain methods of testing is not actually very scientific and can rarely be verified by duplication. You can have a person give three different breath tests and every one of them will be different. That’s not scientifically reliable nor accurate and absolutely should not be used as evidence to convict a person of the offense of DWI. But it is used every day, which is why these cases are tried and won by good lawyers.
So if you get stopped this holiday weekend, and are arrested for DWI, make sure you investigate and hire a lawyer that is well versed in the science of blood draws and DWI cases. These sorts of cases have almost become a speciality focus because the State invests so much in prosecuting these cases.
Hopefully, you will never have to deal with this, but I have had people who had nothing to drink that were still pulled over, arrested and prosecuted for DWI – with no alcohol or drugs in their system.
Best bet – stay home and bar-b-que! Have a safe and Happy Fourth and enjoy the long weekend!
judgecase 