dwi-what proof is involved in order to convict someone
If someone was in a car accident,was drinking along with others in the vehicle, taken to the hospital, and blood was drawn, is the bood results the proof that the person was above the legal alcohol level? This person has asked for a grand jury trial. At this trial of course is all the witnesses that were involved. The DA is trying to convict on a DWI. The person's lawyer(public defender) is going to plea bargain on this charge. My question is does the DA or the public defender have to have the blood results as proof that this person was over the legal limit? There waas no breatalizer given at the time of accident. The person in question has never seen the results, nor has heard that the there ever was results stating that she was legally drunk. Should this person asked for an adjournment and another public defender. Please, any help would greatfully be appreciated. Thank You
1 Answer from Attorneys
Re: dwi-what proof is involved in order to convict someone
A search warrant was probably requested and received to get the blood drawn, unless there was a consent by the driver to have the blood drawn. The ADA can use the results of the test to prove intoxication, or the testimony of the Police Officer or other witnesses to prove intoxication. In other words, the blood test is not necessary, but very helpful to prove intoxication. You are not having a "grand jury trial." You may have been indicted by a grand jury, but a grand jury does not try you. If you can afford an attorney I suggest you get one. A felony DWI has serious implications on your future. I am a former ADA who prosecuted numerous DWI's. I am now in private practice. If you would like to discuss this further you can call me at (212) 867-4751.
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