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Minor DUI, Passed Sobriety test, refused breathalyzer, could not get warrant for blood work, did admit to one beer, what now?

Canyon, TX |

Was heading down HWY 60 and missed our turn and try to make it, hitting a yield sign in the process. Pulled over to try and pull it from underneath the car, as we are in the parking lot, a campus police officer pulls up (we are at least 5 miles from campus so we did not know what he was doing on this side of town) calls in Canyon PD and leaves. Back of truck is loaded with beer we said was not ours. Makes me take a sobriety test, places me in handcuffs and puts me in back of the car. Friend over hears the officers talking stating that I had basically passed the test. I refused the breathalyzer, then they tried to get a warrant for blood work and I guess failed cause I was bailed out of jail that night. Am I able to have any kind of argument in court? Do they have any "real" evidence?

Attorney Answers 4


  1. Is this an "absolute sobriety" case or a DUI case?

    Real evidence:
    1 - You hit a sign.
    2 - You admitted to having one beer and driving.
    If your charge is absolute sobriety, you probably will lose. If DUI, you have a case that can be one.

    Yes you have arguments for court. You need a good DUI/DWI defense lawyer. Remember, the police may remember things differently from your friends.

    Confidential information should not be disclosed in this Internet forum. This answer is not legal advice, which requires a personal connection and far more facts. This attorney does not give legal advice over the Internet. This is a general statement about law, not advice.


  2. Depending on what EXACTLY you told the officer, you might be guilty of DUI, but no risk of being convicted of DWI in Texas. Missouri law must be opposite, but in Texas DUI is a zero tolerance driving with alcohol in system. I am surprised that cop was unable to get warrant, but that suggests that his report will not be bad for you. Although you had a beer, it wasn't necessarily in your system when you were driving, which is your defense. If you blew that in what you told the cop, then you face conviction. Otherwise, probably not.


  3. If you refused, a refusal is an automatic suspension of your driver's license in NYS.

    I am not your attorney. Contact an attorney for advice immediately.


  4. I agree, your best decision from this point is to hire legal counsel to assist in your defense. It's also important to exercise your right to remain silent and stop discussing this case with anyone, except your lawyer. Even posting questions on legal forums can be problematic for you and can possibly be used against you. I would also deactivate all your Internet social media accounts like Facebook, MySpace, and the like. The government will investigate these websites and use them against you if they can. Good luck.

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