What Will A DWI Case Prosecutor Have To Prove?

When you face a DWI charge, it is normal to be in a state of confusion. The evidence can be seriously difficult to understand, and it can also be a struggle for you to know what you need to do in court to prove you are not guilty.

These are some of the types of evidence you can expect to see in DWI court and what a lawyer can do to help you.

Proof of Influence

There are a few ways a prosecutor may try to prove that you were impaired. In some cases, one need only prove that the driver had the substance, whether alcohol or a drug, in their system. The prosecutor may not have had to prove that the substance actually impaired you.

The prosecutor may try to use your blood alcohol concentration as part of this practice, for instance. However, your lawyer will try to prove that the evidence is faulty or that it was not taken legally. One goal is often to have the evidence deemed inadmissible in court.

Proof of Impairment

The prosecutor may also try to prove that you were impaired when you were behind the wheel. For example, they may use witness statements from police officers or other drivers who claim that they saw you driving erratically.

Your lawyer will work hard to dispel proof of impairment. For instance, they can show that the witness statements are not very authoritative or that they do not actually prove you were driving dangerously.

Proof of Driving

The prosecutor must prove that you were driving to begin with, especially if you refute that you were in motion. For example, you may allege that you were asleep in the back of your car when a cop approached you. The prosecutor may suggest that the vehicle was running, that you were in the driver's seat, or that you were intending to drive.

Your lawyer may be able to prove that you had no intention of driving while intoxicated. Perhaps there are text messages you sent to somebody else regarding your plans to sleep in the car.

DWI Attorneys Can Help You

No matter the evidence that is available in court, it is important that you understand what a DWI attorney can do. It is important that you have the resources available on your side. Consult with a DWI defense lawyer to learn more about your DWI case.