Common Evidence in Texas DWI Cases

 Posted on May 05, 2025 in DWI

 In Texas, a charge of driving while intoxicated (DWI) can come as a serious shock if you have never had an encounter with the law before. Your first impulse may be to panic, but do not assume that the case against you has been decided just because you have been arrested. A Texas DWI defense attorney can review your case and question the prosecution’s evidence, exploring possible avenues to get the charges against you reduced.

At Law Offices of Biederman & Burleson P.L.L.C., we are highly familiar with the ins and outs of DWI charges in Texas. We can lend clear insights into your case and give you a better understanding of what evidence may be used against you. No matter the case, you can rest assured that we will do everything in our power to defend you in court.

What Chemical Tests Are Used for DWI Arrests?

Police officers often use blood or breath tests to determine a driver’s level of intoxication. This gives the prosecution a more scientific basis than hearsay or observations. The metric for impairment is known as BAC, or blood-alcohol concentration. If your BAC is at least .08 percent, you can be charged with driving while intoxicated.

If you are pulled over, you may be asked to blow into a breathalyzer by the officer. You can refuse any roadside breathalyzer test, though you could still end up arrested regardless. After you have been arrested, you must agree to a blood or breath test in accordance with the state’s implied consent law. Failure to consent will result in the immediate suspension of your license.

Although the results of a chemical test might be strong evidence, they can still be challenged by an attorney. For example, if the machine used for the test was not properly calibrated or maintained, the results could be questioned in court.

What Is a Field Sobriety Test?

After you are pulled over, the police officer may ask you to perform certain standardized tests, such as:

• Walking in a straight line and turning around after nine steps

• Standing on one leg and counting out loud for 30 seconds

• Tracking an object with your eyes

The catch is that you are not legally obligated to participate in these tests. The results of these tests can sometimes be skewed by human error or other explanations aside from intoxication.

At Law Offices of Biederman & Burleson P.L.L.C., we are certified by the National Highway Transportation Safety Administration (NHTSA) for administering field sobriety tests, so we know exactly how these tests are meant to be carried out.

Can the Officer’s Observations Be Used as Evidence in a DWI Charge?

In court, the prosecution could cite the arresting officer’s testimony as evidence for a DWI charge. For instance, if the officer claimed that you were swerving or driving erratically, that testimony could be used against you.

At Law Offices of Biederman & Burleson P.L.L.C., we will closely examine the officer’s testimony for any inconsistencies. If you were pulled over without probable cause, we will bring that to the court’s attention in our argument.

Meet With a Collin County, TX DWI Defense Attorney

Our firm has over 25 years of combined experience taking on DWI cases, with a long history of successful results. To schedule a free consultation with our Allen, TX criminal defense lawyers, call our offices at 469-333-3333 or contact us online today.