Dui Legal Advice

Texas,

LEGAL ADVICE ONLY PLEASE

Anyway, I have had one MIP, I am a minor, and sometimes im put in a situation where i am forced to drive, with at least a little alchol in my system. I took an alchol education couse where i learned that Texas, and only Texas, has a 'Minor DUI'. Its some sort of different deal. I know legally i can not have ANY alchohol in my system while driving. Say what you will about this but: Cops here are out to get Teenagers. Ive experinced it, They are on a powertrip, atleast the ones ive ran into. What about if i have had some say.. cough syrup.. and i went to the store to get some bread, or something similiar. I know i could be given a breathalizer test and i would fail, Thus getting a DUI. I know if i refuse the test, I get an automatic suspension of Drivers Licsences, for 6 months the first time. And there would only be a first time. In my alchol course i was told that they can NOT force you to take a breathalizer test, only a sobriety test. I do get nervious during cop 'grilling sessions', regardless of circumstances. And if i fail the sobriety test, that does NOT prove i have been drinking or under the influnce. If i do refuse the breathalizer, and fail the sobreity test, I can not be guilty of a DUI.(in my understanding). I want to know if I did refuse breathalizer, but failed the sobreity test. Is there anyway I could be guilty of DUI? Even if the Judge was 'out for me' (which it seems all authority is when your a teenager.), Could he still consider me guilty.

Anyway, what should i do in this hypothetical situation, to protect myself from 'Bad Cops'.



BTW: I DONT WANT ANY BS FROM THE NORMAL POSTERS, LEGAL ADVICE ONLY

d_bo1 said:

Texas,

"sometimes im put in a situation where i am forced to drive"

"BTW: I DONT WANT ANY BS FROM THE NORMAL POSTERS, LEGAL ADVICE ONLY"

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My response:

Well, that lets out FKNA. Sometimes, even he's "forced" to use a boat on a lake while getting drunk and arrested.

IAAL

FKNY?

omg, cant you see no one likes your smartass remarks?
Can you not read the LEGAL ADVICE ONLY.
are you doing any good?
are you even making anyone laugh?
I think it makes you look like more of an idiot when you pull something like that.

How about you keep your Darn opinions to yourself.

My response:

It's "F K N A", who is a criminal and drunk, who tries to contribute comments to kids like you, giving them false hope. You should read some of his 4th Amendment comments on other posts - - they're a riot !

And, in response to your final statement, no.

I like my comments. And, you think life is tough now?

IAAL

d_bo1.....Pay IAAL no attention. He's just trying to stir up trouble as always.

Let me make one comment first before I start answering your questions. You made the statement "and sometimes im put in a situation where i am forced to drive" That is a FALSE statement. No one is forced to drive after they have been drinking. There are always alternatives. Sometimes people may think the alternative isn't too appealing.

Now on to answer your questions. The police cannot FORCE you to take a field sobriety test, nor can they FORCE you to take a breathalyzer. However, if you do refuse...there are consequences. Now by refusing the breathalyzer is not an admission of guilt of dwi. But there were new alcohol laws that sent into effect September of last year that double the consequences of refusing a breath test (automatic suspension of license).

"If i do refuse the breathalizer, and fail the sobreity test, I can not be guilty of a DUI.(in my understanding)"...you are understanding incorrectly. A DA can still prove beyond a reasonable doubt a dwi/dui without the above mentioned evidence. There could be a video tape. And even if you do not do the FST while at the station, you better believe you are still being taped, which will be admissable as evidence. You also have the police report. Now if it were you, your lawyer, the DA and the judge (no jury), no breath test, no FST....you can be convicted on the police report alone. With a jury trial, the DA would have to convince 6 people instead of just one. So it would be a little bit harder to prove their case with a police report alone.

"Anyway, what should i do in this hypothetical situation, to protect myself from 'Bad Cops'." This one is a toughy, with the way the dwi laws are written for Texas, you're pretty much guilty until proven innocent. Best way to protect yourself is to 1) not have any alcohol in your system while driving 2) find a third party that can administer breath tests. For if you did have nothing to drink and you took the police breath test and failed, you have the RIGHT to have an independent breath test done.

That is one of the few intelligent posts i see on these forums. Thanks.

This one is a toughy, with the way the dwi laws are written for Texas, you're pretty much guilty until proven innocent

Click to expand...

That is what i figured.

And a police report meaning, I was smelling like alchol, is enough to convict me, and if i do refuse a breathalizer test i get 6 months suspension coupled with my dui charges. ANYWAY, thanks for your time and help

Thanks d_bo1, glad I could be of some assistance. As you have already noticed, there are some on here that have their own agenda and could care less about providing any useful information.

Humble Warrior

I misplaced your number-sorry. Well I did contact an attorney, I spoke with him last evening. I found out one thing that has changed in Chester County. Even if you are sentenced to a 90 day jail term, you can appeal it within 30 days and when it goes to County Court they (in most cases) give you a 10 day in and 70 days house arrest for the simple reason that the Chester County Jail is over loaded. But that still is not a garantee. This case becomes more and more complicated as it goes. I don't know who to believe and who not. I am not implying you. I mean the system! Now I have discovered that not only has he got this 2nd driving on supension, there is another one here in lancaster county and something else in Delaware. When speaking with the MV in delaware it is noted that that is another reason he was never given a notice to reinstate his lisence. In the lancaster situtation he was stop for running a red light when they discovered that he was driving with out a license and the dumb kid never paid the fine. So who knows what is going to happen when everything is brought out. It makes my head spin. Again I thank you for all the info you have given me. I don't know this forum very well so bear with me.