Texas DUI vs DWI, first time offense. Any chance of charges being dropped?

[boomer029]

Quick Summary:
- I consumed 3 to 4 beers from 11pm to 1:20am
- Pulled over at 1:35am
- Arrested at 1:50am
- Refused to take Breathalyzer test
- Opted for blood test, which was taken at 3:30am
- Failed the 2 sobriety tests (eye test/walk test)
- Failed the walk test due to too many steps.
- I'm 5'9 175lbs. After some calculations, My BAC at the time of the blood test should be about 0.03442
- I'm worried about DUI, I think the DWI will go away due to the fact my blood test should show I was well under the legal limit. However, the officers judgement at the time was that I was intoxicated and therefore could be used to convict me.
- My record is completely clean. I had one speeding ticket in 2009 which was dropped due to a good driving record.
- Driving myself crazy wondering if I can get this dropped or reduced...

 

[CdwJava]

Your attorney will jknow best how to address this, and when the results of the blood test come back if they are indeed under .05 and the FSTs do not show you as being really bad off, then the DA may not even pursue the matter.

However, keep in mind that one CAN be too impaired to drive with a BAC under .08. Drugs provide NO BAC, and some people are obviously impaired at relatively low BAC levels.

 

[TigerD]

You need to get that attorney.

If we were to take everything you posted as the gospel truth, which I doubt as you were drinking to the point of not remembering how many you had, there are good facts and bad facts. A good attorney might help you and no attorney would most likely be a mistake.

DC

 

[boomer029]

You need to get that attorney.

If we were to take everything you posted as the gospel truth, which I doubt as you were drinking to the point of not remembering how many you had, there are good facts and bad facts. A good attorney might help you and no attorney would most likely be a mistake.

DC

When the blood results come in I'm going to post them on here. Hopefully you're still around here DC, maybe it will help you realize not everyone that asks for advice in these circumstances is lying.

As far as the FST, it was done in front of my car, and my car was in front of the patrol car. It probably wasn't recorded according to one of my friends who works for the department. Even if it was, I feel pretty good about how I did on the sobriety test - I just can't follow simple auditory directions on my best days and took too many steps.

Also, the reasons for pulling me over don't match up with what actually happened. The officer said that I cut someone off; however, I put my directional light on, looked, and then moved in front of a vehicle on my left, and then proceeded to get onto the on ramp.

It's just very frustrating drinking responsibly and having to deal with this. The only reason I didn't blow was because of my ignorance in understanding how the breathalyzer works. My mouth was super dry at the time, probably from being nervous, and I really felt like that could possibly alter the results unfavorably.

 

[CdwJava]

A dry mouth and nervousness would NOT change the BAC of a breath test.

 

[boomer029]

A dry mouth and nervousness would NOT change the BAC of a breath test.

Is that not what I said?

The only reason I didn't blow was because of my ignorance in understanding how the breathalyzer works. My mouth was super dry at the time, probably from being nervous, and I really felt like that could possibly alter the results unfavorably.

I didn't know anything about breathalyzer tests at the time, or my rights as far as getting pulled over and what to do in that situation. I was claiming that I didn't know anything about them, not stating that it really would affect the test.

I don't mean to be rude, but please read what I've written before you start stating random facts unnecessarily. It really seems like people with high post counts like you seem to get there by throwing random short sentences in every forum instead of actually reading what is written and contributing something with your posts.

 

[CdwJava]

Is that not what I said?

The only reason I didn't blow was because of my ignorance in understanding how the breathalyzer works. My mouth was super dry at the time, probably from being nervous, and I really felt like that could possibly alter the results unfavorably.

I didn't know anything about breathalyzer tests at the time, or my rights as far as getting pulled over and what to do in that situation. I was claiming that I didn't know anything about them, not stating that it really would affect the test.

I don't mean to be rude, but please read what I've written before you start stating random facts unnecessarily.

Perhaps you might consider reading what you wrote. You wrote the following:

It's just very frustrating drinking responsibly and having to deal with this. The only reason I didn't blow was because of my ignorance in understanding how the breathalyzer works. My mouth was super dry at the time, probably from being nervous, and I really felt like that could possibly alter the results unfavorably.​

Nowhere in that statement did you indicate that you NOW know this not to be true. You professed "ignorance" at knowing how the device works, but not a reference to your current understanding. Many people read these forums and refer to snippets like yours, and they might assume that you were correct in your ignorance that these had an effect on the BAC level of a breath test. To avoid such a perception it is perfectly appropriate to clarify the matter.

So, before you start jumping on people who are trying to assist you, perhaps you need to chill it a bit.

 

[boomer029]

Perhaps you might consider reading what you wrote. You wrote the following:

It's just very frustrating drinking responsibly and having to deal with this. The only reason I didn't blow was because of my ignorance in understanding how the breathalyzer works. My mouth was super dry at the time, probably from being nervous, and I really felt like that could possibly alter the results unfavorably.​

Nowhere in that statement did you indicate that you NOW know this not to be true. You professed "ignorance" at knowing how the device works, but not a reference to your current understanding. Many people read these forums and refer to snippets like yours, and they might assume that you were correct in your ignorance that these had an effect on the BAC level of a breath test. To avoid such a perception it is perfectly appropriate to clarify the matter.

So, before you start jumping on people who are trying to assist you, perhaps you need to chill it a bit.

I'm sorry, I didn't mean to take a stab at you. I've been pretty stressed out over the last few days, and I didn't mean to take it out on you. Let me explain a little further about that post.

Ignorance = lack of knowledge, right?

The only reason I didn't blow was due to my lack of knowledge about how the device works. My mouth was super dry at the time, probably from being nervous, and I really felt like that could possibly alter the results unfavorably.

I could have been a little more clear as this is what I had thought at the moment it was happening, and not what is actually the case.

Again, I'm sorry I came after you.

 

[CdwJava]

No problem.

I understand being stressed, but this is not the end of the world. And, if your BAC truly will come back below .05 for alcohol and negative for any medications or illicit substances, then you likely have nothing to worry about. While it is possible to pursue a case under .05 BAC with FSTs alone, it is unlikely as the legal presumption that you are NOT impaired (on alcohol, anyway) is a higher hurdle to overcome.

 

[TigerD]

When the blood results come in I'm going to post them on here. Hopefully you're still around here DC, maybe it will help you realize not everyone that asks for advice in these circumstances is lying.

As far as the FST, it was done in front of my car, and my car was in front of the patrol car. It probably wasn't recorded according to one of my friends who works for the department. Even if it was, I feel pretty good about how I did on the sobriety test - I just can't follow simple auditory directions on my best days and took too many steps.

Also, the reasons for pulling me over don't match up with what actually happened. The officer said that I cut someone off; however, I put my directional light on, looked, and then moved in front of a vehicle on my left, and then proceeded to get onto the on ramp.

It's just very frustrating drinking responsibly and having to deal with this. The only reason I didn't blow was because of my ignorance in understanding how the breathalyzer works. My mouth was super dry at the time, probably from being nervous, and I really felt like that could possibly alter the results unfavorably.

Don't be obtuse. I didn't say you were lying. I said you told us you couldn't remember how much you had to drink. "3 or 4" beers. Which is it? Three or four. Are they 12 ounce beers, 23 ounce Applebee's specials or did you shoot the boot three or four times? Is that a 3.5 beer or a 5.1 beer? What was the temperature? What was your body temperature? Were you dehydrated? On medication? Over the counter drugs? Are you diabetic? Do you wear glasses? Contacts? Is your speech style always confrontational?

Did the officer mark you as a refusal?
If so, did he get a warrant for the blood draw?

You don't even know the right questions to ask. Perhaps you should stow your attitude and talk to your attorney. If you want general information about the FSTs or gas chromatography (the blood test), ask away. If you want odds on beating a conviction when you don't even know the evidence against you, nobody can honestly give that to you.

DC

 

[CavemanLawyer]

Unless I am misreading things it sounds like you are under the age of 21 so if your BAC comes back as low as you suspect, then I agree with you that the DUI (Not DWI) is what you have to worry about. If there is any detectible amount of alcohol in your system I would be surprised if they don't file the DUI.

Its nearly impossible to predict whether they will offer to reduce the charges because that is something that varies drastically from county to county and prosecutor to prosecutor. You should try to hire an attorney asap.

 

[boomer029]

Unless I am misreading things it sounds like you are under the age of 21 so if your BAC comes back as low as you suspect, then I agree with you that the DUI (Not DWI) is what you have to worry about. If there is any detectible amount of alcohol in your system I would be surprised if they don't file the DUI.

Its nearly impossible to predict whether they will offer to reduce the charges because that is something that varies drastically from county to county and prosecutor to prosecutor. You should try to hire an attorney asap.

My mistake, I should have said I was legal age to drink. I figured it would be implied in this case. If I was under 21, I would have stated that.

 

[HighwayMan]

My mistake, I should have said I was legal age to drink. I figured it would be implied in this case. If I was under 21, I would have stated that.

Nothing here should be implied. We need all the relevant facts clearly stated.

 

[CavemanLawyer]

My mistake, I should have said I was legal age to drink. I figured it would be implied in this case. If I was under 21, I would have stated that.

Well actually you did imply you were under 21, I just don't think you intended to. DUI is when you are under the age of 21 and have any detectible amount of alcohol in your system while driving. DWI is when you are driving while intoxicated at any age. Since you said you were not so concerned with DWI, but were concerned with DUI, that sure implied that you were actually under the age of 21.

Now that DUI is definitively not a possible charge, the answer is honestly that it will depend largely on how you look on the in-car video. If you do not look overly intoxicated and your BAC comes back that low (factoring in time it took to get blood drawn) then you just might have the charges dropped. But all you can really do is wait... and having an attorney from the start helps.