I was pulled over last month in Montgomery County, Tx and charged with DWI but wanted to wait until my court date (in 4 days) to find out the result of my blood test. In a whirlwind of bad luck, I went to jail last weekend for Public Intoxication in the same county while out on bond. A court date has been set in March for that. I have minimal criminal history (haven't been to jail in nearly 10 yrs and i'm 27.. a PI conviction when i was 19). What can I expect from my upcoming court date? I do not want to spend any time in jail. Will i get a dismissal if my blood tests under the legal limit. I agreed to take a FST and passed all parts except for the cop claiming my eyes twitched when his finger went, what i felt, was way beyond my field of vision. This apparently gave him the right to get a warrant for my blood test. Any input relating to the situation I find myself in would be greatly appreciated.
HIRE A LAWYER ASAP. Did I say that loudly enough?! You are in a tough county and you are likely to get your bond revoked because of the PI and to get an interlock and all kinds of badness happening to you. Seriously. And you need to have a lawyer represent you at the ALR hearing. (You did timely request one, right?)
He didn't claim your eyes "twitched". You had nystagmus at maximum deviation. This is not a joke or a game.
Whether you get a dismissal if the blood is under depends on whether you gave them sufficient information to show that your level was inclining / declining at the time of the test v. the stop.
Hire a lawyer.
Till the blood doesn't come it will be hard to say anything. Plus once whoever your attorney is needs to see your video.
Answers provided by Ms. Syed on Avvo or other similar legal forums do not create a client-attorney relationship and are limited based on the given facts by askers. Attorney-client relationships can only be created by completion of a representation agreement and payment and upon agreement of the attorney to establish such relationship.
Take immediate action. You'll face two cases, a criminal case and an administrative case. The State will proceed to prosecute you for the criminal offense of DUI and in addition, the State will move to suspend your driver's license and/or driving privileges 15 days from the date of your arrest. A request for a hearing to contest such suspension should have been diligently made to the Texas Department of Public Safety and to the State Office of Administrative Hearings as suggested by other counsel.
Getting a DWI dismissed is possible depending on certain facts and circumstances. DWI defenses must be deployed immediately and diligently. Was there probable cause for the stop? What does the offense report provide? Is the offense report consistent with what is found on dash-cam video/officer's body camera? Issues with blood draw/blood testing?
DWIs can be costly and damaging for future endeavors.
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