VIDEO LEARNING CENTER
DWI BLOOD TESTS
Are blood tests more accurate than breath tests? Blood tests are not always reliable.
About David Breston
The Breston Law Firm has handled over 4,000 cases and has been helping people in Texas since 1987. Watch this video to find out more about our firm
CHOOSING A DWI LAWYER
Learn how to choose a DWI lawyer and the importance of choosing an experienced attorney.
DWI PENALTIES
A Texas DWI charge can cost you to lose your license, you face fines and may cost you your job.
DWI/DUI CHARGES
Have you been charged with Driving While Intoxicated (DWI)? Watch this video by David Breston explaining how he may be able to help you.
DWI BREATH TESTS
Should you refuse a breath test if you are pulled over for DWI in Texas? Watch this video to learn.
Reasonable Doubt
As often as possible we like to take DWI and DUI cases to trial – and not plead them out. Why? Because it is the right of every American to be judged by a jury of their peers – and for you to present a defense to the crime for which you stand accused. However, just as important is the fact that it offers the defense attorney the opportunity to create 'reasonable doubt' in the minds of a jury which is how many DUI cases are won. Those who take a plea or otherwise admit their guilt or culpability do not have this golden second chance.
Legally, it is on prosecutor's responsibility to prove beyond 'reasonable doubt' that a crime was committed by the person who is standing before and accused by the court. As well, it requires the jury to determine with conviction that the allegations are true in their entirety and that the evidence presented by the prosecution leaves no room for doubt that the accused person is the guilty of the crime.
What is 'reasonable doubt'? A legal definition for it is – upon consideration of all evidence presented and after due deliberation and consideration of said evidence – the jurors are left with the 'condition' in which they do not support the belief that there is an undeniable or unwavering conviction on their part of the truth of these charges.
Readers should remember that the defendant has the psychological advantage of 'being considered innocent until proven guilty'. That is a powerful premise from which to proceed in a criminal case. Requiring that the prosecution prove their accusations beyond a reasonable doubt is an additional position of favor for the defendant because if there is any doubt in the mind of even a single juror as to the veracity of the evidence then it is not possible to return a guilty verdict.
In DUI cases there are multiple occasions to create reasonable doubt in the mind of the jurors. For instance, was the police officer justified in stopping the driver? What was his stated purpose for pulling the driver over? Did he or she witness first-hand a traffic violation or did the officer rely on the word of another driver on the road.
And what observations did the officer make that led him or her to further pursue a DUI examination that might have resulted in the driver being asked to take a sobriety or breathalyzer test? There are many other actions on the part of the police officer and other components of the traffic stop that can be called into question during a trial as well. The technology used to gauge an individual's blood alcohol content could very likely be faulty. The officer may have stepped over the line in the reason for the stop and/or his initial assessment of a driver's intoxication.
Indeed, readers, there are many opportunities to create 'reasonable doubt' in the minds of the jurors – which is beneficial to the defendant. Seek qualified, experienced legal defense.