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Chances of this being dismissed, DWI Texas

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MissyTex

Junior Member
What is the name of your state?What is the name of your state? Texas

Someone I was with was arrested for DWI. He passed the field sobriety tests, but the officer said he was taking him in because his eyes were red. He was wearing contacts which he rarely does and we had been in a smoky environment, so his eyes probably were red. He passed the field sobriety tests at the police station, but blew a .097 or something on the intoxilyzer. He did two tests in a row and the second test was like a .091. What do you think about this being dismissed. He was very cooperative and polite. He has also said while frightening, this was a very enlightening experience and we have both vowed NEVER to drive after drinking. Period! He has vowed to only drink at home or when he doesn't have to drive. He has never been a big drinker. We go out once or twice a month. I am the one that drinks a lot when we go out. And I never drive after drinking. Alcohol doesn't affect him much, and he only has a few beers when we go out. But after this experience he is not going to take any more chances. Not fun. But he said that 99% of the officers he dealt with were very polite and professional. The officer even let him use a phone in a break room to make a call. Even the officer he spoke with about pretrail was very nice to him, while she was very short with all the others. He is a very clean cut guy, was dressed nice, and was polite to everyone he came in contact with. She wished him well and even called me and alerted me that they move people to the county jail in the morning, which we did NOT want to happen she said, and that I should keep calling the bail bond people and not wait for them to call me back like they said they would. Our bail bond lady actually saved him in the nick of time from being transfered. She was great too. Just wondering what you think of all this.

Also, I wanted to ask about when he meets with an attorney on Monday. He made some misstatements to the officer and he wants to tell the same story to the lawyer. He told the cop we had dinner around 6:30 and then played pool. The officer asked when and what he had eaten. Well, he had a sandwich at about 4 PM, not dinner at 6:30. We played pool from about 7 PM to 10 PM and went to a club until about 11 PM, the arrest was about 12:15. He probably had 6 or 7 beers within this 5 hour time frame. He didn't want to tell the officer that he had not eaten in a while. When his breath test come out over .09 the officer said "you've had more to drink (than you orginally said)". Well, I would see how he would assume that. I would think with food in his stomach his level would be less than on an empty stomach. Anyway, I think he should tell the attorney the whole complete story. The attorney is the legal expert. Thanks for any advice.
 
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Just for future referance, you may want to shorten the story just a bit. It would sound that the officer had done a H.G.N on your friend....That would be a Horizontal Gaze Nes.test.

These types of priliminary F.S.T's are very common for the officer to get a preliminary result and, they are quite accurate. As for The Intox. You either blow and pass or you do not. The only defense for that is for most States is the Implied consent Hearing D.M.V The officer is not required anymore in most States to do the five standardized tests if he or she get a true reading on the H.G.N.

Their are a lot of factors in alcohol...such as weight and volume. I know what your friend had said but, I learned a long time ago if you say three to six..you can bet at least a half case..Those are facts by the way. Studies have been done.

Talk to Lawyer about the laws in your State.

Patrolman/ J. Buckner
 

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