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TX Dui Questions

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navedemon

Junior Member
Howdy. I live in Texas. I was recently stopped for dui. I have a prior dui in 1994, no other traffic/criminal convictions since then. No alcohol contacts of any kind since then. One moving violation(speeding). I did take the field sobriety tests, and I am positive that I do not look good on those tests. I refused the breath test at the station. I haven't seen the official police report, but after having talked with a direct friend of the arresting officer, here's what I know.

I was not stopped by the officers. They arrived at a scene to find me outside of my vehicle. They proceeded to question and arrest me for dui based on 3 phone calls from drivers who reported my vehicle driving erraticly a few minutes earlier. I was not in the jurisdiction of the arresting agency. I was just outside the limits of their jurisdiction. They apparantely had to call the other city in order to be authorized to proceed with the stop. The officer who wrote up my paperwork is new, and this was his first dui stop. I have no doubt as to his training and competance, however he might not be the da's best choice if it does go to trial.

My question is this. Based upon this information, is it advisable for me to attempt an alr hearing to keep the license? Lawyers charge a lot of money for this hearing.

Do the other facts of this case give a good ground for plea barganing and or trial?
 


FlyingRon

Senior Member
On what grounds are you going to fight the ALR? The only thing you can try to argue is lack of probable cause for the arrest, but I think that's a stretch. They had several reports of your erratic driving, they didn't even have to stop you, but I assume they walked up to you and started asking questions further giving evidence of your intoxication.

Once under lawful arrest and you refuse the test, the suspension is pretty hard to fight. Your previous DUI is probably going to make this a rather lengthy (2 year) suspension. Of course all this doesn't even begin to address the criminal sanctions.

As a second DUI offender you're really really going to need a lawyer you mights as well pay him to do both the ALR and the criminal trial.
 

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