Can you be convicted of a DWI if they cannot provide proof of blood alcohol content, and no breathalizer was performed?

Asked about 1 year ago - Midland, TX

A friend of mine was pulled over for supposedly a DWI in 2011. It took a whole year before he even got a court date, when he called the DPS to find out how much he owes in surcharges they told him he didn't have a DWI on his record nor did it show his license being suspended. On top of that, they had done a blood test because the officer didn't have the breathalizer, yet he never saw the results. So according to Midland County he has a DWI, but the DPS in Austin said he doesn't. He has already paid in so much money for this, so my question is this: if they can't provide proof of the blood alcohol level from that evening, would Midland County have to expunge the DWI from his record and refund him all everything he has paid in? Please point us in the right direction..

Attorney answers (5)

  1. Gene Raymond Beaty

    Contributor Level 15


    Lawyers agree

    Answered . You are dreaming! Swell dreams, but only dreams. If he has a DWI, he has one. If not, then he needs a lawyer right away!

  2. DaSean A. Jones


    Contributor Level 8


    Lawyers agree

    Answered . Your friend needs to get a lawyer working on his behalf.

    My responses provided on this site are not intended to create an attorney-client relationship. Furthermore,I... more
  3. Evan Edward Pierce-Jones

    Contributor Level 18


    Lawyer agrees

    Answered . Your friend needs a criminal defense lawyer.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No... more
  4. Ted Harvatin


    Contributor Level 19


    Lawyers agree

    Answered . Yes

  5. Shelby Blundell Burns


    Contributor Level 5

    Answered . It sounds like Midland is just one of the slower moving docket counties. While it may seem odd to you, it is much more likely that the case is still active and pending. DPS does not handle the criminal case in Midland. Best bet is for your friend to hire an attorney to represent him. The blood result is most likely in the hands of the prosecutor assigned to the case.

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