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Is it possible for the police to file a DWI on you without ever arresting you or giving you papers?

Houston, TX |

im on probation for marijuana posession, but i was just notified that they had a pending warrant on me for a DWI although i was never arrested but two months ago i got ito an automobile accident, was not given a breathalyzer, but was put in the back of the car and i was screaming at him then he took me to the hospital because i was considering head trauma. what defenses are there against this?

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Attorney answers 3


There is a very good chance you are going to be charged with a crime. The answer to you question is "yes, there are numerous defenses to this." However, only the top DWI blood lawyers will be able to assist you. It appears as if the DA's Office obtained your hospital records or a sample from the hospital of your blood and have analyzed it. Whether that analysis was done at the hospital or in a state approved lab will make a huge difference in the defenses available to you. I can tell you that blood cases can be won, but only by a lawyer experienced in defending these types of cases.

Houston has some of the best DWI lawyers in the country so you have agood selection of tried and true trial lawyers to choose from.

Feel free to contact me if you have any other questions.

Kelly W. Case


You state that you are on probation for marijuana possession, were taken to the hosptial after an auto accident which occurred two months ago, and now you find out that you have a arrest warrant for DWI arising out of the auto accident.

Presumably you were given a blood test at the hospital, but I suppose that it is also possible that you were simply given sobriety tests prior to being transported to the hospital, and the officer formed an opinion that you were intoxicated based upon those.

When you have an open case against you for which there was no arrest made, it is called an "at large" case filing. The warrant will remain outstanding until you post a bond. You can contact an attorney and arrange for bond, or simply wait for the cops to apprehend you. I have seen people remain at large for well over four years, even when they weren't hiding. The police don't always come looking for you. The advantage of turning yourself in for bond is that you get to choose the time and place.

You may wish to wait until you have a probation violation warrant issued on the marijuana case (which is certainly forthcoming), and then bond both cases at the same time. Otherwise, you'll go to jail twice. An attorney can assist you with that as well.

Some possible defenses to your DWI include: Does the blood test show you to be at or above the legal limit? Was the blood test performed properly? Can they prove that you were driving the vehicle? Can they prove that you were intoxicated at the time you were driving? Could head injuries have caused any slurred speech, unsteady balance, loss of coordination, or other symptoms? Might you have a rising alcohol defense?

Screaming at a cop is never a good idea - especially when you are being accused of DWI. You can be assured that the cop and the DA will cite your screaming as inappropriate, and as evidence that you were intoxicated that night. Your concerns regarding possible brain trauma are quite legitimate, but you should have found a much better way to get your point across - like being calm and polite.

You certainly are going to need legal assistance. Interview two or three lawyers and hire the one who makes you feel the most confident.

Best of luck to you!

This answer is for general purposes only, and is no subsitute for specific legal advice that would come from an attorney hired by you, having full knowledge regarding the facts and circumstances of your individual situation. This correspondence does not create an attorney-client relationship, and you should consult with one or more attorneys prior to acting on any of the information provided in this response.


You should try to obtain a copy of your hospital records. [I am not clear whether the police took you to the hospital at your request or at their demand.] The blood alcohol results should be included in the hospital records, along with a toxicology report of any drugs [marihuana] that may have been in your system. Even if your blood alcohol level is not .08, you still could be at risk for a probation revocation on the marihuana if marihuana shows up in the tox report. It is time to talk with an attorney as it appears you have two criminal cases here.

The use of this information shall not create any attorney-client relationship. As noted, you should seek and retain professional counsel in your local county.