Common Prosecution Trick Questions in DWI Trials

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Brenna Mills
March 13, 2015

Before you testify at your DWI or DUI trial, a DWI attorney in Fort Worth can discuss common trick questions that the prosecution may ask you (if you choose to testify at your trial). He or she may provide you with advice about how to handle these types of questions.

Being the defendant makes you the most important witness at the trial. Your DWI attorney in Fort Worth can explain that if you make a good impression on the jury and provide articulate and reasonable answers, the jury will have greater difficulty convicting you.  However, testify poorly and you are likely to be convicted of Driving While Intoxicated.

Familiarity with Alcohol and Symptoms of Intoxication

Your DWI lawyer in Fort Worth may warn you that a prosecutor may attempt to get you to admit that you are familiar with alcohol and common symptoms of intoxication. If the prosecutor succeeds in getting you to admit this, the prosecutor will attempt to show that you are accustomed to drinking or even drinking excessively (implying that you have a high tolerance). Therefore, he or she may argue, it was nothing out of the ordinary for you to be intoxicated on the night in question.  Or in cases where there is a high breath or blood test but maybe you look good video, that you look good because of your alcohol tolerance.

However, if you deny that you are familiar with common symptoms of intoxication, the prosecutor may use this statement against you. He or she may attempt to prove that you would not know if you were under the influence of alcohol if you are not familiar with the symptoms of intoxication (low tolerance or a “light weight” and would be intoxicated at levels even below a 0.08).

Due to the catch-22 of this situation, a DWI attorney may discuss the implications of an answer in either direction. He or she may be able to provide pointers to help you answer such a question without raising negative inferences about you, such as that you are a habitual drinker or a liar.

Legal Assistance

If you would like to learn about other trick questions prosecutors may ask in a DWI or DUI cases or you would like help in preparing to answer these questions, contact Bryan Hoeller, a DWI attorney in Fort Worth, Tarrant County, TX at 877-208-3382.

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