dwi after getting home

[ems1603]

i live in texas...dallas area.I had 2 drinks prior to going out and had 2 drinks at the club...i made it home...got out my car went inside into my room when a minute after cops were at my door.I opened the door went outside and this is when things became fuzzy. They said there was a witness and then they said they followed me home.I started doing their test and they made me walk a line on my drive way that was on a hill...IT WAS NOT A FLAT SERVICE...They never went near my car...nor was the cop car facing in the direction of me and the cops.I went to jail on a dwi, was in for 13 hours.i had told them i was driving...and i did tell them i drank a couple of drinks.I remember the drive to the jail as it was a couple of blocks from my house,but i dont remember the breathalizer the cop said he did...he said it was 3 times over.I called a lawyer today...what kinda of punishment could i get with this?Could i fight it? Ive never been in any kind of trouble before.I cant relax...

 

[xahoor]

~0.24 BAC after 4 drinks ? are you sure with "he said it was 3 times over" and your "2 drinks prior to going out and had 2 drinks at the club" ?

 

[InsaneJane]

A good qualified lawyer will have this thrown out, along with all the statements that you made. They will presume that you started drinking heavy when you got home....
Anyways, calm down and realize that you can not have any alcohol and drive again, You have a drinking problem. You probably don't realize that once you start drinking you loose count, probably loose all sense and black out. That is why you recall having only 4 drinks but things got fuzzy, memory lapses, and you easily could have killed someone and may not even have known it.
Seek professional help and stop drinking. It will only ruin your life and the lives around you.

You are now on the polices radar, and they are going to make you a person of interest. If you keep getting behind the wheel and going clubing, they will now catch you and make a good case. Look up the penalties for 2 DWI's and agravated BAC levels.

You are one of the people that should never drink, but if you do go out: call a cab!

 

[SIN EATER]

A good qualified lawyer will have this thrown out, along with all the statements that you made. They will presume that you started drinking heavy when you got home....
Anyways, calm down and realize that you can not have any alcohol and drive again, You have a drinking problem. You probably don't realize that once you start drinking you loose count, probably loose all sense and black out. That is why you recall having only 4 drinks but things got fuzzy, memory lapses, and you easily could have killed someone and may not even have known it.
Seek professional help and stop drinking. It will only ruin your life and the lives around you.

You are now on the polices radar, and they are going to make you a person of interest. If you keep getting behind the wheel and going clubing, they will now catch you and make a good case. Look up the penalties for 2 DWI's and agravated BAC levels.

I'm amazed at how definite InsaneJane is.
Do you realize that, even if he had begun drinking, it would not be in his system yet, when tested ?
An expert witness for the Prosecution would blow that defense to Hades.

Are you suggesting he lie to avoid prosecution ? thought that was against this board's standards.
Have you ever lived in Texas ?

OP, the correct answer is that yes, you can fight it.
No one knows, for sure, what the outcome would be.
Google 'DUI penalties Texas' for potential sentence.

 

[SIN EATER]

Unconfirmed info from the internet (not the Penal Code):
Texas DWI Penalties
Classifications and Range of Punishement for DWI Conviction

DWI, 1st Offense: Class B Misdemeanor in Texas
Fine - A fine not to exceed $2,000.
Jail - Confinement in the County Jail for a term of not less the 72 hours nor more that six (6) months. Open Container - If there was an open container of alcohol in your car when arrested, the minimum term of confinement is six (6) days in the county jail.

Community Service - Texas law mandates that a judge order not less than 24 hours nor more than 100 hours.

Absent unusual facts, most persons convicted of a first offense DWI are granted community supervision ("probation") of any confinement ordered. The general length of DWI probation is from 1-2 years. There are also conditions of community supervision ordered that are fairly standard in most courts. Typical conditions imposed are:


Drug/Alcohol Evaluation - A person convicted of DWI will be required to submit to evaluation for probability of committing DWI in the future and/or to disclose a potential problem with alcohol or drug abuse. If a problem is detected, additional terms and conditions of probation are ordered to be administered through the Community Supervision Department.


Attend and complete an approved DWI Education class within 180 days from the date of conviction (Satisfying this requirement will avoid the one (1) year drivers license suspension, unless if you were a minor (under 21) at the time of the offense.)


Attend and complete a Victim Impact Panel. This is a forum that presents victims of drunk drivers to address persons convicted of DWI and warn of the dangers and perils of driving while intoxicated.


Work faithfully at suitable employment, commit no other crimes, remain at the same residence and employment unless notification is given to the community supervision officer, report monthly to the supervision office, pay all fines and costs in a timely manner.


Pay a monthly supervisory fee. Perform a specified hours of community or volunteer service.

NOTE: If convicted, you will be given an Order Granting Probation. This Order will be specific and unique to your case and fully sets forth the terms and conditions of your probation which apply to you. It is the blueprint for your probation.

Additional Conditions of Probation that may be Ordered:

If your case presents unusual facts (accident, alcohol problem, prior alcohol contacts, bad driving record etc.), additional conditions may be ordered. Most conditions are designed to address a problem that appears from the facts or alcohol/drug evaluation that is performed on the subject after conviction. Again, a specific order is given after each conviction. The following list is only a general discussion of conditions that have been imposed in some DWI cases in my experience and may not apply to you.


Ignition Interlock Device - This provision requires that you install and maintain a device on any car which you intend to drive during probation. The device requires a breath sample before it will allow your car to start. Some devices require periodic breaths while driving. This condition is sometimes recommended after an unfavorable drug/alcohol evaluation during a first-offense probation, and is almost always ordered as a condition of bond on a subsequent offense arrest.
Alcohol Treatment - Attendance at AA or other counseling programs offered through the probation department. In extreme cases outpatient programs may be ordered. This condition is recommended after an unfavorable drug/alcohol evaluation.
Consume no alcohol - Most courts require that a person not consume any alcohol during probation. This provision is monitored by periodic and random urinalysis at the probation office. Some courts will not even allow a probationer to enter a bar, tavern or lounge where alcohol is sold and consumed.
Confinement - Again, in some extreme circumstances, the Court may order that a DWI offender serve confinement in the county jail as a condition of being granted probation.
Restitution - If there was an accident followed by a DWI arrest, and if your insurance company has not paid damages to the other party, restitution of any unpaid amounts will be ordered by the Court as a condition of probation.
Enhanced Penalties - (Prior alcohol or drug related criminal history) - Under Texas law, if it is shown that a person has been previously convicted of DWI, the punishment and penalties after conviction are increased or enhanced. The prior DWI conviction must have occurred within ten (10) years of the present arrest for DWI. Additionally, if a person has any prior DWI conviction within the previous ten year period (measured from dates of arrest), the State is then allowed to use any prior DWI conviction since obtaining a drivers license to enhance the accusation to a DWI, third offense. NOTE: Texas can use prior convictions that have occurred in other states for enhancement of punishment.

 

[emilydawn05]

If you don't even remember the breathalyzer, chances are your drive home was more reckless than you recall, which would explain the concerned citizen contacting the police. Fighting this will only bog down the court system and take up time from an already overloaded public defender. I recommend paying the fines and enrolling in the classes the court assigns you to...these lessons could be very enlightening for you.

 

[BigMistakeFl]

Unfortunately, members of this board are not required to prove themselves in any way. Advice must thus be taken with some caution and remember that it is free.

A good lawyer will not get this case thrown out, nor anything you said in your answers to the cops. They can testify and quote you perfectly. You can attempt the defense that you drank very little before you got home, then consumed a tremendous amount of booze in the ONE MINUTE it took the cops to get to you, but as Sin Eater pointed out, the prosecution will be able to blow that away. You will also have the witness who followed you testifying against you, your performance on the FST's and finally the BAC. You do need a lawyer, and you should brace yourself for what is coming your way.

 

[ERAUPIKE]

A good qualified lawyer will have this thrown out, along with all the statements that you made. They will presume that you started drinking heavy when you got home....
Anyways, calm down and realize that you can not have any alcohol and drive again, You have a drinking problem. You probably don't realize that once you start drinking you loose count, probably loose all sense and black out. That is why you recall having only 4 drinks but things got fuzzy, memory lapses, and you easily could have killed someone and may not even have known it.
Seek professional help and stop drinking. It will only ruin your life and the lives around you.

You are now on the polices radar, and they are going to make you a person of interest. If you keep getting behind the wheel and going clubing, they will now catch you and make a good case. Look up the penalties for 2 DWI's and agravated BAC levels.

You are one of the people that should never drink, but if you do go out: call a cab!

Nothing more than wishful thinking. The OP is caught dead to rights.