Collin County, Texas has six county courts at law that hear DWI cases. On any given week, each court will have at least one, and often times two, DWI trials. So, in Collin County, Texas it is not uncommon to have anywhere from 6 to 12 DWI trials EACH WEEK!!! Keep in mind that the county courts also have jurisdiction over all other misdemeanor crimes. Therefore, the county courts in Collin County, Texas spend the majority of time on DWI trials.
Now, here is the rest of the story. Of the 6 to 12 DWI trials that occur each week, statistically almost half will result in NOT GUILTY VERDICTS!!!
Surprised? You shouldn't be. Many people ask me why there are so many DWI cases filed in Texas and why so many end up in "not guilty" verdicts. The answer is that DWI is the only crime in Texas that makes a legally activity illegal based (for the most part) on the subjective opinion of one person, the arresting officer.
What does that mean? Well, having a few drink at a bar, restaurant, etc. and then driving home is a LEGAL activity in Texas. It only becomes illegal if you drink to the point of intoxication. Who determines if you have reached that point? Yep, the arresting officer. It is his or her subjective opinion that determines if you will be arrested. Typically, the officer will put you through s series of sobriety tests and subjectivly determine if you passed or failed.
Sobreiety tests are subjective. There are like gymnastics at the Olympics. Three judges can watch a person perform and judge the exercise three different ways. This is unlike the 100 meter dash that is an objective test meaning the first one to cross the line wins, there is no subjective judgement to determine the winner.
It is also important to understand that officers have much lower burdens of proof when subjectively determining to arrest someone. All the officer needs is a resonable suspicion to stop you, then probably cause to arrest you.
For a DWI in Texas, courts have held that any traffic violation is reasonable suspicion. So, if you are driving 65 in a 60, the officer can stop you. Court have also held that admitting you have been drinking is enough to give the officer reasonable suspicion to arrest you for DWI.
Therefore, in Texas you can legally be stopped and arrested for DWI because you where spedding and you tell the officer you had a beer at dinner! That doesn't sound like a lot of evidence, does it? You may be thinking, "why do we allow officers to arrest a person on such a small amount of evidence?"
The answer to that question is written on the side of every police car in every town and municipality in Texas. "To Protect and Serve"!!! Are laws allow officers to arrest and charge people with very little evidence in DWI cases for public safety. Our laws, justifiably so, would rather an officer err on the side of caution and take a person off the road that has had anything to drink rather that let them go and possible hurt a citizen. Or as officers often say, "You may beat the rap, but you won't beat the ride!"
For this reason, courts are packed with DWI cases and many, many people are ultimately found not guilty. If you still don't believe me then pay attention the next time you are driving down a major road way here in North Texas. Eventually, you will see a sign that says, "Drink, Drive, Go to Jail".