Considering the potential impact of an important remedy in DWI cases

In the last couple posts, we’ve looked briefly at the grounds on which DWI charges may be based here in Texas and how a successful motion to suppress evidence can sometimes be a “game-changer” in a criminal case. We wanted to say a bit more about this here.

Suppression of evidence is a remedy available to criminal defendants in cases where prosecutors are attempting to introduce evidence which was illegally obtained in criminal investigation. In DWI cases, it can happen when officers fail to obtain a warrant when a warrant was required, or when officers deliberately execute a search warrant incorrectly.

The potential impact of a successful motion to suppress evidence depends on the specific circumstances of each case. It depends on the evidence a defendant is successful in suppressing, as well as the other evidence prosecutors have available to them in the case. In cases where prosecutors are unable to use alcohol testing results as evidence due to a motion to suppress but they still have significant evidence of intoxication, the motion to suppress may not have much beneficial effect. In cases where prosecutors don’t have definitive evidence of intoxication aside from alcohol test results, a motion to suppress could severely weaken the state’s case.

Defendants should always be sure to work with an experienced criminal defense attorney to explore all possible defenses and remedies that may be available in their case. This is particularly important in cases where police officers acted haphazardly, aggressively, or engaged in some form of misconduct.