DRIVING WHILE INTOXICATED IN TEXAS: A FICTICIOUS CASE STUDY

Abstract

The author of this article is a former Assistant District Attorney in the United States and the State of Texas, who prosecuted many Driving While Intoxicated (“D.W.I.”) cases. The article describes a fictitious prosecution, which is a mélange of elements taken from actual cases. The reader will follow the story through various critical stages of the D.W.I. legal process, including crime scene investigation, the taking of breath and blood samples, assessing the “probable cause” standard required for an arrest, pretrial practice including jury selection and voir dire, proper questioning of witnesses, plea bargaining and case resolution, punishment, and driver’s license revocation. Fundamental U.S. legal principles will provide a context for the narrative, including a criminal defendant’s “presumption of innocence,” the “beyond a reasonable doubt” standard of proof, and “Procedural Due Process.” The article will also mention applicable binding case law precedent and statutory laws and codes. Law enforcement statistics indicate D.W.I. is a severe public safety issue in Texas. The purpose of this article is to inform the reader about U.S. and Texas criminal procedure, D.W.I. trial practice, and the potential social and personal repercussions of Driving While Intoxicated.