Question concerning an incedent

[Scared990]

What is the name of your state (only U.S. law)? Texas

So I got my car stuck in a ditch the other night and couldn't get it out. Someone tried to help me get it out but thought I was intoxicated and called the police after I had already decided to leave the scene and take care of it the next day. An officer came to my house to check on me after I had already gotten home and my roommate answered the door and talked to him since I was already asleep. He apparently has that one witness saying I was intoxicated, but he wasn't close enough to me to smell alcohol on my breath and there are no blood or breathalyzer samples from the night to confirm if I was indeed intoxicated. I'm going to talk to the officer Tuesday night to get my car back and discuss the incident. How likely is it that I will be arrested then for a DWI or some other charge?

 

[OHRoadwarrior]

Being arrested and being convicted are 2 different things. I suggest you refrain from making a statement and contact a lawyer. A laymen is not trained to testify as to intoxication in court. the rest is hearsay.

 

[Scared990]

Being arrested and being convicted are 2 different things. I suggest you refrain from making a statement and contact a lawyer. A laymen is not trained to testify as to intoxication in court. the rest is hearsay.

So contact a lawyer, ask for their legal advice, and I have a decent chance of being all right?

 

[HighwayMan]

A laymen is not trained to testify as to intoxication in court. the rest is hearsay.

However most people can describe the symptoms of intoxication and can certainly be coached on how to testify by a prosecutor.

There seems to be more to this story. So this guy's room mate just happens to come upon him after he drives into a ditch, never gets close enough for a face to face conversation, then turns around and reports him to the police. Seems kind of, uh, unusual to say the least.

 

[Scared990]

However most people can describe the symptoms of intoxication and can certainly be coached on how to testify by a prosecutor.

There seems to be more to this story. So this guy's room mate just happens to come upon him after he drives into a ditch, never gets close enough for a face to face conversation, then turns around and reports him to the police. Seems kind of, uh, unusual to say the least.

My roommate was not the one who came upon me. It was a random person. My roommate was home and the one who opened the door to talk to the officer. I did not see my roommate until this morning.

 

[CavemanLawyer]

I don't see how you can possibly be charged with DWI given these facts and I'd honestly be surprised if the officer even wants to talk to you in relation to a DWI investigation. Did you cause damage to anyone's personal property or to any city property like a guardrail or a curb? You could be under investigation for criminal mischief or for a charge called duty on striking a fixture. I really don't see any reason to talk to the police at all. Its certainly not required to retrieve your vehicle. Unless they seized your car as evidence (extremely unlikely) its either still in the ditch or at worst it was impounded. Either get a wrecker to get it out of the ditch or go pay to get it released from the impound lot.

 

[FlyingRon]

I fail to see where the "hearsay" enters into this. While a random witness is probably not an expert to judge intoxication, the testimony of that person is certainly ADMISSIBLE, for what it is worth.

 

[HighwayMan]

He apparently has that one witness saying I was intoxicated

So if "He" wasn't your room mate then who is "He"?? You're not clear.