DWI Houston Lawyer: Using The Arresting Officer’s Own Testimony against Him in a DWI Trial with Help

The primary witness in many of the drunken driving cases is the arresting officer. Not only is it possible that he will testify that you had slurred speech but also that you showed every sign of Driving While Intoxicated including a high blood alcohol content on the breath test. He will then tell the court how you fared on the coordination exercises and tests. He will possibly also then conclude that you were intoxicated while driving your vehicle. You should take the help of a reliable DWI Houston Lawyer in order to get out of this sticky situation.

Ask the Officer Questions
If you were stopped on more than one violation, ask him or her whether even one of the violations was sufficient to prove that you were actually intoxicated while driving and arrest you on those grounds. Most likely the officer will testify that those traffic violations played an important part in his decision to arrest you. If, on the other hand, the police officer argues that he had enough to arrest you based on the driving facts alone, you can always argue saying that the investigation was not carried out in a manner that was less than fair. Sometimes, the officer will argue saying that he smelled alcohol on your breath, that you had bloodshot, glassy eyes, and that these are all signs of being intoxicated. Even though the officer might admit that smelling alcohol in the breath would imply that you had more to drink, he or she would not be able to tell you what you drank, when you drank them, etc.

Cross-Examine the Officer
The officer might even tell you that he saw your bloodshot eyes and decided that you are to be arrested under a DWI charge. However, bloodshot eyes do not always imply drunk driving. It could also mean that fatigue, pollution or some other factors have to play a role in the reddening of the eyes. Chances are that the arresting officer would have never spoken with you before or under normal circumstances when you had nothing to drink. You can cross examine the officer by asking him whether he or she knows when you drank, what you drank or how much you had to drink. The officer will testify that you gave him that information. You can always tell the jury that your speech could not have been slurred if the officer had to have that information from you. If you are not sure what to do next, ask a DWI Houston Lawyer to help you out.

Find Out More From the Officer
Find out from the officer whether you were so intoxicated that he could not find out enough to arrest you. He or she will say that your case should have been investigated further by him or her. After each test that he or she had taken, ask the officer whether he or she was convinced that you were intoxicated and whether he or she thinks you really drank and drove your vehicle. At some point, he or she would have to make up his or her mind that you were not really guilty.