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How can i get charged with a dui if they didnt catch me driving, icalled them?

El Paso, TX |

i ran my car into a fence behind my house and soon as i did it, i called the cops and told them what had happened and because i had alcohol on my breathe, they said it was a dui

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Attorney answers 3


Because you admitted to the driving and there was sufficient circumstantial evidence to coorberate your admission (that is, your crashed vehicle). Depending on what else you admitted to them, they may or may not be able to prove you were intoxicated at the time you were driving. You're going to need to hire an experienced DWI attorney to handle this for you.

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First and foremost, I hope you are O.K. You did not mention how much time had passed from the time of the accident,to the time that you called the police. If you were sober (no alcohol), wrecked your car, and then went inside your house and drank while waiting for police to arrive, that is not DWI. In Texas,they must prove intoxication at the time you operated. As my colleague mentioned, the Officer apparently believed he or she had circumstantial evidence to warrant probable cause to arrest. The Officer will look at the "totality of the circumstances" surrounding the accident in making that decision.Did you admit drinking and operating ? Was there evidence of recent operation and a high level of impairment ? We really need more information? Remember, probable cause to arrest is a much lower burden of proof than that which is needed to convict - proof beyond a reasonable doubt. You definitely need the help of an experienced DWI attorney. Remember, it's not illegal to drink alcohol and operate a motor vehicle as long as you are not impaired.Good luck, and I hope this helps.

James R. "Jim" Butler,Houston,Texas,DWI Lawyer. Free Consultation .Call (713)236-8744. I only represent people accused of DWI in Texas.


It's your car. You admitted to driving. That gets you operating. You're going to need a good DWI lawyer.
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My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website,

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