William Housely is incorrect.
In the State of Texas, minors can legally consume alcohol with their parents. Texas law states that a minor can legally drink alcohol with their parent, spouse, or guardian as long as they are physically present the entire time the minor is drinking.
This law applies in private residences, restaurants, and even bars.
Specific establishments can limit a minor's ability to drink, even if accompanied by a parent, etc.
Yes. The statute of limitations on a misdemeanor DWI is two (2) years. However, since your son was arraigned, a statute of limitations argument isn't going to get him anywhere. He is entitled to a speedy trial, and there's a motion for that.
If I were him I would wait and sit quietly. In my experience the longer you go, the harder it is to find witnesses (people move, cops switch agencies, etc.), which could make it harder to prosecute him.
It would absolutely be wise to fight the charge. All DWI cases should be fought. You may have some good defenses to your case. You need to hire an experienced criminal defense attorney that regularly practices DWI defense.
Your question asks, "If i am not observed driving can i be charged with a dwi". In short, yes you can be charged.
Whether the state can prove the case, however, is an entirely different question. Without an officer or a witness putting you behind the wheel, it's going to be pretty hard for the DA to prove that you were "operating a motor vehicle" in a public place, which is an essential element to the crime.
You need to hire an experienced DWI defense lawyer to help you with your case.
You need an experienced DWI defense lawyer on your side. Call our experienced Galveston County DWI Defense Lawyers today. We practice DWI defense all over the State of Texas. (409) 740-1111. www.GalvestonJustice.com/DWI
You can check to see whether you have a Galveston County warrant on the Galveston County Sheriff's Office link listed below. If you have a warrant you should turn yourself in and bond out on your own terms, instead of being arrested at an inconvenient time.
Like others have said, if your 2009 DWI was dismissed, then this one (2013) should be charged as a first. If you blew a .081 you need an experienced DWI lawyer. With a breath result that close to the "legal limit," a good DWI lawyer could be able to walk to the result down to within the legal limit (taking into account the inaccuracies of the machines and their operators), which would put you into the legal limit of under .08. Contact an experienced DWI defense lawyer in your area immediately.
If you missed your court date your bond was most likely revoked, and you likely have an active warrant. You may be able to post another bond, but you will need to turn yourself in and bond out again.
Missing your court date would not, necessarily, affect the underlying DWI case, and that case will still have the same range of punishment (Class B - DWI w/ BAC under .15 - Up to 6 months in the county jail and up to a $2,000 fine; Class A - DWI with BAC over .15 - Up to 1 year in the county...