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Intox indictment with b.a.c. of 0.000

Asked over 3 years ago - Texas

i was arrested for intox charges, but my blood test came back 11 days after and yet this texas county north of dallas indicted me some 3/4 months later and it went almost to the trial date before the judge dismissed it. i know they can do anything they want, but how can the d.a.'s office pursue this charge? of course, now i cannot expunge because it never went to trial. just cost me my life savings and the county a chunk of change as well. they tried lesser charges but jury said no. with no restitution it sure seems unfair. malicious prosecution suit would just cost time and more money...appreciate your time and any thoughts you may reply with. corporate america's greed and power trip is making its way to those who had ideals of protect and serve. thanks

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Dax Ian Garvin

Reputation Level 7

Answered over 3 years ago. Criminal Defense Attorney in Austin, TX.

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To answer this question, I would have to ask you several questions, and I do not want to violate any privileges by having you provide information on this site. But, if you can generally provide some information, I may be able to help you out. 1) What was the intox charge--DWI, DUI, PI or something else? Intoxication may be proven by a loss of the normal use of your mental or physical faculties, regardless of what your BAC shows... .08 or above is just "per se intoxicated". The latter is probably how the DAs office pursued the charge.

Dax Garvin

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John M. Kaman

Reputation Level 20

Answered over 3 years ago. Criminal Defense Attorney in San Francisco, CA.

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I don't practice in TX but in CA we have a procedure that allows you to have your records sealed and destroyed if you can prove you were factually innocent of the charges. I'd bet TX has something similar. Consult a lawyer and make t clear that you are not after an "expungment" but a finding of factual innocence.

Good luck!

www.kamanlaw.com

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Mark W. Bennett

Reputation Level 9

Answered over 3 years ago. DUI / DWI Attorney in Houston, TX.

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A dismissed case can be expunged even if it never went to trial (as long as there was no probation for a class B misdemeanor or higher). You may have to wait until the statute of limitations (generally 2 years for a misdemeanor) has passed.

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