I WAS ARRESTED FOR DWI, I BEGGED TO TAKE A BREATHALIZER TO PROVE MY INNOCENSE, I BEGGED FROM THE MOMENT THEY PUT HAND CUFFS ON ME TO TAKE THIS TEST, THEY FINALLY GAVE IT TO ME. I PASSED THE TEST, ONE OF THE OFFICERS HAD EVEN TOLD ME I PASSED THE BREATHALIZER. THE TEXAS DEPT. OF PUBLIC SAFETY GAVE ME MY LICENSE BACK FOR PASSING THE TEST. BUT WHEN I WENT TO COURT THE JUDGE HAD NO SUCH RECORD ON FILE, THE D. A . SAID IT DIDN'T MATTER AND THEY DON'T HAVE IT IN THEIR FILE EITHER. BUT IT'S THE STATE OF TEXAS SUING ME AND THE STATE OF TEXAS THAT GAVE ME MY LICENSE BACK BECAUSE I PASSED THE BREATHALIZER, THAT'S WHAT IT SAID IN THE LETTER I RECEIVED FROM THE TX. DEPT OF PUBLIC SAFETY. EVERYBODY FROM THE D.A TO THE JUDGES ASSISTANT HAS SAID IT DOESN'T MATTER WHAT THE TEXAS DEPT. OF PUBLIC SAFETY SAYS, EVEN THOUGH THE STATE OF TEXAS IS SUING ME AND THE STATE OF TEXAS GAVE ME MY LICENSE BACK. I GET MANY DIFFERENT ANSWERS BACK ON THIS , AND I'M WORRIED THE D A WILL TRY TO HAVE IT TAKEN .
2006-10-17 14:55:12 · 6 answers · asked by Kristi M 1 in Politics & Government ➔ Law & Ethics
Texas, like many states, has a law that if you blow over a certain ba they suspend your license. But you can still be prosecuted for operating under the influence. even if you blow under that amount. To prove that it only has to be shown that your ability to safely operate a motor vehicle was diminished by the alcohol you consumed. With some people this might only be two or three drinks. if you had blown over a certain amount the prosector could have introduced this at trial and there would then be a presumption that at that level you could not drive a motor vehcile safely--but it is not necessary for conviction. Without it the jury could still find that the amount you did consume did effect you. Of course, you will be able to introduce the low ba at trial in support of your contention that alchohol did not effect you.
--Get a lawyer
2006-10-17 15:05:30 · answer #1 · answered by beckychr007 6 · 0⤊ 0⤋
ok quick review of how the system works. You were arrested for a DWI. once that happens, the PA decideds if there was merit to the arrest. if they think there is probable cause to think you were under the influence(which could mean drugs, which a breathalizer does not show), they send it to the court. They give you a date to go to court. You must at that point go in front of the judge. No matter what department decided to give you whatever, only the courts can decide guilt or innocence. The judge can also suspend or revoke your license if you are found to have been under the influence. goodluck to you.
2006-10-17 15:11:33 · answer #2 · answered by susan w 3 · 0⤊ 0⤋
It sounds like everyone would be happy if they can locate the missing 'passed' breathalizer test.
The arrest paperwork should have the name of the arresting officer. Give the info to the DA. Contact the arresting officer and tell your story. The arresting officer should be able to get the DA the breathalizer test. If not, you have a right to copies of all the arrest paperwork.
If all else fails, ask for a trial and subpeona the arresting officer.
Good luck to you.
2006-10-17 15:02:53 · answer #3 · answered by messageboardjunkie 3 · 0⤊ 0⤋
Get a lawyer. Many jurisdictions videotape bookings and breathalyzers and such. Subpoena those tapes, if they exist. Subpoena the cop.
The DA may be basing their case on the length of time between arrest and the test. Establish the timeline through police dept records.
Next, quit drinking and driving.
2006-10-17 15:00:58 · answer #4 · answered by normobrian 6 · 0⤊ 0⤋
You can be prosecuted for driving while intoxicated even if you pass a breathilizer. The BAL only determines the severity of the offense. "Legally drunk" just means that they can take your license from you.
Obviously, the cops found a reason to pull you over and suspect you of drinking and driving. Alcohol affects different people different ways. One beer can wipe some people out, while it takes a 12 pack for others. You can even be pulled over and prosecuted for DWI if you take cold medicine and it affects your driving ability.
The best thing to do would be to speak with a lawyer, and then allow them to hash it out for you. They will be able to explain your status to you, as well as work something out with the DA. Best of luck to you. . .
2006-10-17 15:03:47 · answer #5 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
A BREATHALIZER isn't continually REQUIRED FOR DWI. it is conceivable TO HAVE ONE DRINK, BE INTOXICATED and then BE unable TOchronic perfect. YOUR criminal professional might want to correctly be ready to GET the expenditures DROPPED notwithstanding it relies upon on the data. I KNEW some ONE close to BOSTON WHO CRASHED HIS vehicle AND BLEW A BREATHALIZER in difficulty-free words TO HAVE HIS CASE brushed aside because the POLICE did no longer have likely reason to furnish HIM THE BREATHALIZER (POLICE can't in basic terms furnish you with A BREATHALIZER if you're IN AN coincidence, they ought to have reason TO believe that you're below the effect of alcohol). IF THE OFFICER said YOU TO BE using unevenly AND SMELLED ALCHOHOL on your BREATH that would want to correctly be sufficient. communicate over consisting of your criminal professional AND solid success
2016-12-04 22:51:41 · answer #6 · answered by marquard 4 · 0⤊ 0⤋