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Admitting to drinking to cop during DWI stop??? Open container found at 2:00 am in vehicle. Proof beyond reasonable doubt.

La Vernia, TX |

If you are pulled over and investigated for DWI and the cop asks about how much you had to drink and you first respond "a couple" then he asks again and you respond "enough or quite a bit" how hard will it be for the prosecution to prove beyond reasonable doubt you are intoxicated?

Cop did not ask when you had your first drink, he did not ask when you had your last drink, he did not ask if you had eaten, He did not ask if you had slept since last drink, He did not ask what kind of bevarages were consumed. There was no breath test nor field sobriety test as they were declined.

Will the State be able to prove beyond reasonable doubt, solely based on the above information, intoxication.

How will a good attorney be able to help with this?

Attorney Answers 4

  1. Best answer

    Whether or not the State has proven its case beyond a reasonable doubt is up to the finder of fact (judge or jury) at trial. No single fact (statement, BAC score, etc.) Will be fatal to your defense. The various ways to beat a DWI are too numerous to mention here. You need to meet with a few DWI attorneys in your area so they can discuss the specific facts of your case and let you know how they would approach your defense. There is never a reason to lay down on a misdemeanor DWI.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.

  2. Texas DAs are successful in prosecuting DWI every day without this information. In fact, it would have been very unusual for the cop to ask about these things. You didn't mention any of the factors that usually dictate whether a case can be proved successfully or not, because you are not trained and experienced in DWI defense. Most attorneys don't know any more than you do, so you NEED to retain an experienced DWI attorney who has been successful in defending citizens like yourself. Go find a professional DWI attorney and hire them soon.

  3. You need to hire an experience DWI Defense attorney. There is no way that an attorney is going to be able to tell you without evaluating the entire case from both the Defense and State's perspective before providing a better assessment of possible outcomes at a trial. There are a variety of factors that go into any DWI case that can affect the outcome of a jury at trial. An experienced DWI defense attorney will understand the advantages and disadvantages of the case and how to best defend you according to the entire circumstances of your case.

  4. The State's burden of proof is always beyond a reasonable doubt,, whatever the hell that means. There used to be a definition given in the jury instructions, alas no more. Admitting to drinking is not the level of proof necessary to prove beyond a reasonable doubt, it is one of many factors the jury or judge may utilize in determining the outcome of the case. For me, I find video tapes often recorded by the arresting officer often tell the truth at the time of driving versus time of test. You need an attorney who you feel comfortable with, be wary of those who make "great" promises and remember "if it's too good to be true", it often is. Chose your attorney very, very carefully. Hope that helps.
    Paul J. Smith
    Board Certified Criminal Law
    Texas Board of Legal Specialization
    830 832-1534

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