The Three Things I Review Before Advising a DWI Client

One of the first questions people ask after a DWI arrest is, "What should I do?"

It's a reasonable question, but it isn't one I answer immediately.

Before I recommend whether to negotiate with the prosecutor, challenge the evidence, or prepare for trial, I need to understand the strengths and weaknesses of the State's case. Every DWI investigation is different. Two drivers may be arrested under similar circumstances, yet the evidence against one may be much stronger than the evidence against the other.

That is why I begin every DWI case by reviewing three critical categories of evidence: the police report, the chemical test results, and the available video. Only after examining all three can I give a client informed advice about the best path forward.

The Police Report Is the Starting Point

The police report is usually the first document I review because it explains why the officer stopped the vehicle, what observations were made during the investigation, and why an arrest occurred.

The report often describes details such as driving behavior, the driver's appearance, statements made during the stop, and performance on field sobriety tests. It also summarizes the officer's opinion about whether the driver was intoxicated.

The report is an important part of every DWI case, but I never treat it as the final word. It reflects one person's account of what happened. Like any written summary, it may omit important details or characterize events differently than they actually occurred.

The report tells me what the officer says happened. My job is to determine whether the evidence supports those conclusions.

Chemical Test Results Provide Only Part of the Picture

Many people assume that a breath or blood test determines the outcome of every DWI case.

That is not always true.

Chemical testing can be powerful evidence, but like any evidence, it must be interpreted in context. I review the reported alcohol concentration, the timing of the test, the procedures used to collect the sample, and whether any legal or scientific issues may affect the reliability of the results.

In some cases, chemical testing strongly supports the prosecution's position. In others, questions may arise about how the evidence was collected, preserved, or interpreted.

Even when a chemical test is available, it is only one piece of the overall investigation. A DWI case should never be evaluated based solely on a single number.

Video Is Often the Most Important Evidence

If I could choose only one piece of evidence to review in many DWI cases, it would be the video.

Body camera footage and dash camera recordings often provide the clearest picture of what occurred during the traffic stop and the subsequent investigation. The recordings allow me to evaluate the interaction for myself rather than relying exclusively on the officer's written description.

I pay close attention to how field sobriety tests were administered, whether the instructions followed standardized procedures, how my client responded to questions, and whether the officer's written observations are consistent with what the video actually shows.

Sometimes the recordings reinforce the officer's report.

Sometimes they tell a different story.

Either way, I cannot fairly evaluate a DWI case until I have watched every available recording.

The Three Pieces of Evidence Must Be Compared

Reviewing each category of evidence independently is important, but comparing them to one another is where meaningful analysis begins.

Does the officer's report accurately describe what appears on the body camera?

Do the chemical test results fit with the driver's appearance and behavior shown on video?

Were field sobriety tests administered according to standardized procedures?

When these pieces of evidence are consistent, the State's case may be quite strong. When they conflict, the differences may create important opportunities for the defense.

That comparison often reveals details that would be impossible to identify by looking at only one piece of evidence.

Every Recommendation Depends on the Evidence

Clients often want to know whether they should accept the prosecutor's first plea offer.

The answer depends on the evidence.

If the investigation was conducted properly, the video supports the officer's observations, and the chemical testing is reliable, negotiating a favorable resolution may be the best strategy.

On the other hand, if I identify weaknesses in the investigation, inconsistencies between the police report and the video, or legal issues affecting the evidence, those problems may significantly change how the case should be handled.

I do not recommend trial simply because it is available, and I do not recommend a plea simply because one has been offered. My advice is based on the strength of the evidence in the individual case.

Why Every DWI Case Deserves a Careful Review

No two DWI investigations are identical.

One officer may follow every required procedure while another overlooks important steps. One video may strongly support the prosecution while another raises significant questions. Some chemical tests are straightforward, while others require closer examination.

Making decisions before reviewing all of the evidence creates unnecessary risk. A case that appears strong at first glance may contain weaknesses that are not obvious until every piece of evidence has been examined. Likewise, a client who believes the case is weak may discover that the evidence is more substantial than expected.

That is why I never offer meaningful legal advice until I have completed a thorough review.

Building a Defense Begins With Understanding the Case

The purpose of reviewing the evidence is not to look for technicalities. It is to understand exactly what happened and determine whether the State can prove its case beyond a reasonable doubt.

Only after reviewing the police report, chemical testing, video recordings, witness statements, and any other available evidence can I develop a defense strategy tailored to the facts of the case.

Every recommendation I make is based on evidence, not assumptions.

Talk With a McKinney DWI Defense Attorney

If you have been arrested for DWI in McKinney, Collin County, or the surrounding areas, the decisions you make early in your case can have lasting consequences. Before deciding whether to negotiate, challenge the evidence, or prepare for trial, it is important to understand the strengths and weaknesses of the State's case.

I carefully review the police report, chemical test results, body camera footage, dash camera recordings, and every other available piece of evidence before recommending a strategy. That process allows me to provide advice based on the facts of your case rather than assumptions.

Contact my office today to schedule a confidential consultation.