The Prosecutor's Role in a Drunk Driving Case
A prosecutor represents the government when criminal charges are filed against an individual. He or she develops and then presents the case on behalf of the local, state or federal entity. The terms 'district attorney' or 'assistant district attorney', 'city attorney' or 'state attorney' may all be used to refer to the prosecutor. In a court case, the prosecutor is an adversary to the defendant. It is his or her job to find the defendant guilty of intoxicated or impaired driving charges and then ensure that the convicted defendant receives a harsh punishment for the transgression.
The usual progression of a drunk-driving case begins with the police presenting a prosecutor with evidence of an intoxicated driving incident. This is often in the form of the investigation and arrest forms (videos and other evidentiary material including items uncovered during a search of the vehicle or person) and the processing files that resulted in the person being incarcerated for suspected drunk-driving. It would also include any information related to the blood alcohol content level of the defendant that was obtained through a sobriety test, breathalyzer, blood or urine test.
Not every alleged drunk driving case is prosecuted. The prosecutor must examine the evidence and decide whether or not enough reliable and valid proof exists to move forward. He or she will consider such things as whether or not the case is 'legally sound' and can be proved. Sometimes prosecutors decide not to pursue a case – and under these circumstances the case is usually over.
What types of evidence might be questioned by the prosecutor and cause them to refuse to pursue charges? One thing may be that some evidence was lost, mishandled or otherwise faulty. Breathalyzer results are one notorious example of this. More and more research is confirming that there are problems with breathalyzer machines in general and the results are easily and often successfully contested in courtrooms across the country (including Texas).
At the end of the day the prosecutor represents the best interest of the public at large and their decisions center on this knowledge. While they are not inclined to dismiss a drunk-driving case out-of-hand, they are also not likely to waste tax payer dollars in the pursuit of a case that they are not likely to win – and winning is important to a prosecutor. The success of their career is often based on the number of cases they prosecute and 'win'.
Armed with this knowledge, those who are charged with a DUI or DWI should understand that the prosecutor is probably experienced and – after assessing the available evidence – believes he or she will be able to get a conviction in your case.
However, defendants should also realize that most drunk-driving cases never make it to the courtroom. Instead, a prosecutor may 'cut a deal' that will result in little or no jail time, fines and other punitive measures. This may be what is in the best interest of the 'people' when it comes to YOUR case.
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