Almost any driving situation can lead to a Texas drunk driving investigation – a police officer might initiate a traffic stop after seeing a driver weave between lanes or spotting an unrelated traffic violation such as speeding or expired license plate tags. Sometimes a traffic accident leads to a drunk driving arrest.

Prosecutors use four types of evidence when pursuing a Texas DWI / DUI charge - driving patterns, physical signs and symptoms, field sobriety test performance, and breath or chemical test results. All of the evidence in a Fort Bend drunk driving prosecution can be challenged by a skilled defense lawyer.

An experienced drinking and driving defense trial attorney will attack this evidence on several fronts. If an officer stopped a driver without reasonable suspicion or arrested him without probable cause, any evidence gathered during the stop was illegally obtained and must be suppressed.

In some cases the arresting officer will testify that he or she spotted a driving pattern consistent with drunk driving, but a skilled DWI defense trial attorney will point out on cross-examination that the motorist’s behavior is not recognized as a drunk driving pattern by the National Highway Traffic Safety Administration (NHTSA).

In a list of the top 20 DUI / DWI driving patterns compiled by the NHTSA, it’s interesting to note that driving too slowly is considered a sign of an impaired driver, but speeding is not. Therefore, if the arresting officer testifies that he or she initially stopped the driver for speeding, a skilled driving while intoxicated defense trial lawyer will argue that the officer didn’t have probable cause to initiate a drunk driving investigation.

In order to convict a driver of driving under the influence (DUI) or driving while intoxicated (DWI) in Texas, the prosecutor must prove only one of two elements – that the driver had lost the normal use of his or her mental or physical faculties due to the introduction of alcohol into the body, or that the state’s per se laws were violated because the driver had a blood alcohol content (BAC) of .08 percent or greater.

However, to obtain a conviction, the prosecutor must prove every element of the case beyond a reasonable doubt. If even one juror harbors even a shred of doubt about the driver’s guilt, the jury cannot convict. Fort Bend DUI / DWI defense lawyer David Hunter has the experience needed to create reasonable doubt in the minds of jurors and provide the best defense possible in a Texas drunk driving case.