DWI / DUI Defense Principles

       Texas law provides that 'a person is innocent until proven guilty'.  It is the Government's task to try and bring credible evidence to overcome that burden.  Many lawyers don't really understand that enormous task.  Many lawyers are intimidated by the trial process and don't want to put in the necessary effort to make the Government abide by that burden. 

      There are three major principles the Government must overcome:

      1.  The presumption of innocence, which I have already described, and describe more fully in the following section, 'Presumption of Innocense'.

      2.  The requirement of proof beyond a reasonable doubt.  The State must bring credible evidence to prove the case beyond a reasonable doubt.  In every DWI case, there is always some doubt that is reasonable as to the guilt or innocense of the Defendant.  It is always the lawyer's job to bring out that doubt.  I take that very seriously.  Study the section, 'Government's Burden of Proof'.

      3.  Then, there must be a unanimous decision by the jury.  In a misdemeanor DWI case (the first, or second DWI) there is a 6 person jury.  In a felony DWI, there is a 12 person jury.  In order to have a guilt conviction, all persons on the jury must agree to the guilt of the Defendant.  That, in itsef, is a huge task!  The Government, or State, must convince all persons on the jury that they have proven all elements of the case beyond a reasonable doubt.  Can the State convince all 6 or 12 persons of their 'proof'?  It's more difficult that most lawyers actually realize!  See: 'Benefit of Trial'.