http://www.duipenalties.net/texasdwipenalties.html How is refusing a breathalyser test a good option? P.S. So, this isn't you?
when the sirens goes on, the cop car start video taping.. i was video tapped at the scene and was not acting anywhere near drunk
Just talk to an attorney. If the video looks good on your behalf, he can usually plea it down on first offenses. You still need an attorney, though.
for the first offense, forget the lawyer. you're not going to get out of it. if the cop can show you're over 0.08 bac, you're basically wasting your time fighting it. just take it as a lesson learned. i'm 99% sure you're not going to get out of it.
The fact that you did have several drinks and you were falling asleep at the wheel does not bode well for you.
ah... i thought that was implied. in california, you can refuse the breathizer, but if you do, you're required to take the blood test done at the station. not sure about texas.
Hopefully they wont suspend my license... I got work, school, and a child on the weekend... and just to let you guys know.. I am not blaming anything on anyone.. this is a lesson i know... and yes I know I could of hurted someone and yes I know the cop was right for pulling me over... I am talking about the charge for DWI, thats something I do not want to get charge for.. DWI = driving while intoxicated, I was not intoxicated... you guys really need to losen up and stop talking bad about people when were all here to talk about random things and sharing stuff, some for entainment and some for advices and some just for a thought... Drinking and driving is bad... i know that, i told you guys, i got something to eat before i drove home, on the way home I was totally fine, when i got near home, i started falling asleep, yes I could of killed someone and killed my self as well, yes the cop was right for pulling me over... I didnt say **** about the cop for pulling me over, did i say "taht damn ******* cop pulled me over for nothing?" get a grip guys, I just wanted to know whwat you guys think my chances of getting it dismissed was...
Good luck... I'm guessing you were more intoxicated than your leading on. I can fall asleep watching TV or during a boring business meeting but driving a car not a chance...
I'm not going to ridicule or defend you either way, but I think it's interesting that you seem to think because you "got something to eat" before driving it somehow makes it better...
Luckkky, If no blood or breath test, then it depends on the video. Simple as that. If you slurred ANY words or appear in any way out of it, then it doesnt look good. If your straight in the vid, then there is a chance. Like someone else posted earlier, in this case, its your word v.s the State's word. When doing any video test's, its best to say as little as possible and just answer any question or request your lawyer be present before answering any questions. Here's the thing.....in this state, all it takes is for you to have a beer, and your technically "over the limit." Now, regaradless of how you may have actually felt, imagine where those two shots will put you in the eyes of the state. Now, the most important thing that can help you.....YOU ATE. If you have the receipt, keep it. It can help, your lawyer will need it. Aside from that, good luck. With this state, you will need it.
Breathalyzers are not accurate and if you blow a .08, you are screwed and there is nothing you can do about it. If anyone has anything to drink at all, even 1 beer, i would always advise against taking a breathalyser!
You keep saying you were not intoxicated. How do you KNOW you were not legally over the .08 limit? JUst "not feeling" drunk doesn't mean you weren't. How long did you sit there while you drank your 2 beers and 2 shots?
I interned at a State Attorney's Office two summers ago and sat 2nd chair on a bunch of DUI trials. Get a lawyer and have him look at the tape. If your tape looks good, you probably have a decent chance of getting off (or at a minimum bargaining to a lesser sentence/fine). The horizontal gaze nystagmus test (the one where you follow a pen with your eyes) is typically the test that jurors will give the least credence to if the rest of your tape looks good.
