Most DWI cases in Travis County are resolved without a trial. However, there are circumstances where taking a case to trial may be the best option. Whether a trial makes sense depends on the strength of the evidence, the plea offer from the prosecution, and the potential consequences of a conviction.
When Does It Make Sense to Take a DWI Case to Trial?
There are two primary reasons a defendant might decide to take a DWI case to trial.
First, the prosecution may not offer an acceptable plea agreement.
Sometimes, the proposed punishment is simply too severe given the circumstances of the case. If the prosecutor is unwilling to negotiate a reasonable resolution, a defendant may decide that taking the case to trial is worth the risk.
Second, there may be significant disputes about the evidence.
The prosecution has the burden of proving every element of a DWI offense beyond a reasonable doubt. If there are legitimate questions about whether the defendant was intoxicated, whether the defendant was operating a motor vehicle, or whether the police investigation was reliable, a trial gives the defense an opportunity to challenge the State’s evidence.
Of course, the existence of disputed facts does not automatically mean that a trial is advisable. The defense must evaluate whether those disputes are likely to create reasonable doubt in the minds of a jury.
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Preparing for a DWI Trial
Preparing for trial involves a detailed examination of the evidence and the development of a strategy for presenting the defense to a jury.
One important decision is whether the defendant should testify. In most DWI trials, the defendant does not testify. The State has the burden of proving guilt, and the defendant has no obligation to explain what happened or present evidence. However, there are circumstances where the defendant’s testimony may be helpful, particularly when the defendant can provide important context that is otherwise missing from the evidence.
Another important part of trial preparation is identifying weaknesses in the prosecution’s evidence. For example, if the State intends to introduce breath or blood alcohol test results, the defense may challenge the reliability of those results. This could involve examining the procedures used to collect and analyze a sample, the qualifications of the individuals involved, or other circumstances that may affect the accuracy of the testing.
Cross-examining the arresting officer is another critical component of a DWI trial. The defense attorney may question the officer about the reasons for the traffic stop, observations of the defendant, administration of field sobriety tests, and inconsistencies between the officer’s testimony and the available video evidence.
The objective is not necessarily to prove that the officer acted improperly. Rather, it is to determine whether the officer’s observations and conclusions are sufficiently reliable to establish guilt beyond a reasonable doubt.
Practical Considerations Before Choosing Trial
Even when there are legitimate defenses to a DWI charge, taking a case to trial involves practical considerations that should be carefully evaluated.
Time commitment.
A typical misdemeanor DWI jury trial in Travis County may take approximately three to four days, although some trials are shorter or longer. The defendant generally must be present throughout the proceedings. This may require taking several days off work and making arrangements for childcare or other responsibilities.
Attorney’s fees. Taking a DWI case to trial generally involves additional attorney’s fees beyond those associated with negotiating a plea agreement. Trial preparation, jury selection, witness examinations, and presenting the case to a jury require substantial additional work. The cost should be discussed with the attorney before deciding to proceed.
Losing the opportunity for a negotiated resolution. A plea agreement allows the defendant and prosecutor to reach a compromise. Depending on the circumstances, that compromise might involve a reduced charge, deferred adjudication, community supervision (probation), or other favorable terms. If the case proceeds to trial and the defendant is convicted, the punishment will be determined by the judge or jury rather than through a negotiated agreement. Some sentencing options may remain available, but the defendant loses the certainty of the original plea offer.
Uncertainty. No attorney can guarantee the outcome of a jury trial. Even when the defense has strong arguments, jurors may interpret the evidence differently than expected. A defendant who rejects a plea offer and proceeds to trial risks receiving a less favorable outcome if convicted.
Is Taking a DWI Case to Trial Worth It?
Despite these considerations, there are certainly circumstances where taking a DWI case to trial is the right decision. If the evidence against the defendant is weak, or if the prosecution is unwilling to offer a reasonable resolution, the possibility of an acquittal may justify the additional expense, time, and uncertainty.
In my experience, however, DWI jury trials are relatively uncommon in Travis County. One reason is that prosecutors in Travis County generally make plea offers that account for the strengths and weaknesses of their cases. When the evidence is questionable, that may be reflected in an offer for a reduced charge or more favorable punishment. As a result, many cases can be resolved through negotiation without requiring a jury to decide the outcome.
This is not necessarily true in every Texas county. In some jurisdictions, prosecutors may be less willing to negotiate or may make offers that do not adequately account for weaknesses in the evidence. Under those circumstances, taking a case to trial may be a more attractive option.
Ultimately, the decision to accept a plea agreement or proceed to trial belongs to the defendant. A good DWI defense attorney should explain the available options, evaluate the likely outcomes, and help the client make an informed decision based on the particular facts of the case.