DUI-Minor-please help

[chawkins90]

I'm 20, I was driving home after having a couple drinks, not nearly intoxicated but in Texas (my state) any amount is illegal under 21. I swerved onto the shoulder and corrected because I was texting a friend in an area that people always drive on the shoulder and it is not posted otherwise. The cop followed me for quite a distance and when I pulled into my neighborhood (maybe a 1/4 mile from my house) he pulled me over saying it was because i had swerved. I had been to the eye doctor earlier that evening, maybe 3-4 hours prior and had my eyes dilated so my pupils were bigger than average. He pulled me out of the car and gave me an eye test (follow my finger with your eyes, checking for pupil movement i suppose?) which despite having caffein and some alcohol in my system I passed. I refused a breathalyzer and continued denying having anything to drink. He did not arrest me but gave me a dui-minor and my parents came and had to drive me home and my car.
Is a dui-minor the same as an MIC? And also, having the note from my eye doctor in my wallet, is there any way to avoid getting this ticket? What can I say to the judge or prosecutor? Its a misdemeanor but its just a lot of nonsense to have to go through when if im 21 i was perfectly within the law.
Your advice is appreciated greatly

 

[FlyingRon]

He was checking for Horizontal Gaze Nystagmus... it won't be explained away by being dilated earlier. Everybody "thinks" they pass the FSTs. The swerving and all that follows looks like plenty of probable cause.

You do know you are going to LOSE your license for a year for refusing the test?

The underage DUI he doesn't even need to show intoxication. It is AS SERIOUS as if you'd gotten a grown up DWI. You'll pay a $500 fines plus all sorts of other costs. Your insurance is going to get jacked. You'll also lose the license for 60 days.

You are in serious need of a lawyer.

 

[chawkins90]

i had no idea that refusing a breathalyzer would cause me to lose my license. Is there anything you would recommend i do to avoid some of that burn? I move away for college soon and i don't know how I'm going to be able to get things done without it. So all he needs to do is say that i swerved or he smelled alcohol and I'm guilty? He told my parents he knew I was not impaired. I don't understand how it can be that simple or open and shut?

 

[FlyingRon]

We can't tell if there are any holes int he case or anything you can do to mitigate things. You need a lawyer. You do not NEED to be impaired for a DUI (minor).

 

[asiny]

i had no idea that refusing a breathalyzer would cause me to lose my license.

When you get your license you agree to these terms of the law. You don't just get a license to drive. In some states it also gives the police automatic consent to search your car.

Is there anything you would recommend i do to avoid some of that burn?

DUI lawyer - quick.

So all he needs to do is say that i swerved or he smelled alcohol and I'm guilty?

Yes.

He told my parents he knew I was not impaired. I don't understand how it can be that simple or open and shut?

Not being impaired - and being under the influence are two, different things. As you are under 21, you (state and federal) are not allowed to drink, so ANY sense of alcohol in your system (i.e. on your breath) is reason enough for the officer. Remember, he gains nothing from your arrest and/or conviction.
The case itself may NOT be that open and shut - hence, get a DUI attorney.
It's going to cost a piece of that college-fund, but MAY help you reduce or dismiss, the charges.

And for reference;

...in an area that people always drive on the shoulder and it is not posted otherwise.

Keep this to yourself - the shoulder is meant for emergencies or broken down vehicles, not for driving on because other people do and it's not posted. As they say, RTFM;

§ 545.058. DRIVING ON IMPROVED SHOULDER

I missed the part where it said 'people always drive on the shoulder and it is not posted otherwise'.

p.s. - Stop drinking, driving and texting.

 

[cyjeff]

By the way, the first thing your attorney is going to tell you is to frigging STOP listing reasons why the cop should have taken you to jail rather than letting you go.

It is up to YOU to make sure you can drive safely... all these excuses HURT your case, not help.

Judgement is the first thing to go when you drink. All your little excuses show is that your judgement was seriously impaired.

 

[justsomeguy]

It might be unfair, but that's irrelivant. In Texas there are cases on the books of kids under 21 (waiters/waitresses) with no alcohol on their breath who have got DUIs because they smell like alcohol from their job and the spills that get on them.

You need an attorney.

 

[CavemanLawyer]

The only way that your license can be administratively suspended for your refusal is if the officer read you your DIC-24 warnings prior to your refusal. You would have been given a copy of the form and your driver's license would have been confiscated. If this did not happen then apparently the officer chose not to invoke this statute either out of kindness or out of a belief that he might not have had enough evidence to warrant the arrest. This is not at all uncommon for DUI's as opposed to DWI's.

Your license can be suspended if you are convicted, however. As others have stated, get an attorney, let him or her handle it, and see where things go.