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I was charged with Public Intox can I be charged with a DWI after being released. According to PD no BAC test were done?

Leon Valley, TX |

Don't remember much of the incident. But apparently there was property damage to an apt gate. My vehicle was towed and impounded. I was arrested at 5:30am and released at 11am. With a ticket for public intoxication. I'm just confused because if they believe it was me to cause the gate damage in my vehicle. Why would I not be charged with DWI? I don't recall much of the night and the report is not ready at this time. But was told over phone that I failed a FST. No blood/urine/breath test were taken given I was arrested for public intoxication. Any help is greatly appreciated. I don't recall where I was arrested being asleep in my truck or asleep elsewhere.

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My guess is they could not connect you to operating the vehicle "while intoxicated." Even if they can prove you were intoxicated, they may not be able to prove that you were the one operating the vehicle or when you got intoxicated (before or after the incident). I have gotten people off before based on similar facts. You will want to get a copy of the police report to be sure, but it is possible that you dodged a bullet this time. Please use this as an opportunity to learn from and from here on out, do not drink and drive. It is far cheaper in the long run and much less stressful to just get a cab. Good luck to you!

This answer is for informational and educational use only. This answer does not create attorney-client relationship. For more details, I recommend a private consultation with a criminal defense attorney.


First, any charge can be later enhanced if the first charge is dismissed. For example, Joe shoots Bob and is charged with aggravated assault with a deadly weapon. Bob later dies from the gunshot and Joe's charge of agg assault is dropped and then charged with murder. So your PI can later, after review, be jacked up to DWI.
Second, to answer your other questions you need to research, find and hire a lawyer experienced in DWI defense. DWI is a very complicated and technical (field sobriety tests, breath, blood, etc.) area of the law and you need a lawyer who specializes in that specific area. There are many good lawyers in the San Antonio area. Go to the top of this page and click on 'Find a Lawyer' AND go to and click on 'Lawyer Locator' and do your research. Then call and interview. Good Luck.


There are a various reasons why you may not have been charged with a DWI.

Maybe the officers can't put you behind the wheel of the car at the time of the accident.

Who knows.

But, the State can come back and charge you if they want to.

Let's hope you get luck enough not to be charged with the more serious crime.


Erick Platten
State Wide Representation

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Erick Platten


It is still possible that they can charge you with DWI. Contact a local criminal defense attorney and let him investigate the case. The attorney can also handle your PI citation to make sure it does not go on your record. There also may be double jeopardy issues if they charge you with DWI


If you were administered an FST, then you were at least the subject of a DUI/DWI investigation.

Share the facts you do recall, and any paperwork you receive, with a qualified DUI defense attorney. He or she will be in possession of all the facts and will be able to give you much more complete advice than we can in this forum.

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