Dwi can i beat this on my own without an attorny

[Maver1ck]

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

I was recently arrested for a DWI in Texas I was driving down the interstate and swerved to miss something in the road and ended up in the median the cop came on the screen as I was checking out the damage to the car he proceeded to ask me if I had been drinking I said no he asked if he could search my vehicle I said yes he found my prescription for vicodine in the car which was legally prescribed for a recent ankle surgery he then gave me a field sobriety test which I obviously failed partly due to being shaken up by the crash and partly because I couldn't preform the the task due to my impairment from the surgery and having been up all night fighting with my wife was a little sleep deprived. So I was taken to jail I was not asked to take any kind of alchahol/drug analysis test but still I'm charged with a DWI is this something I can defend myself? What are my chances? It seems pretty straight forward to me that the only evidence they have is the officers word with no real proof to back it up I have no prior DWI this would be my first offense

 

[TigerD]

Can?? Sure, it's possible. But so is a July snow in San Antonio.
Likely to beat it? Not a snowball's chance in hell.

DC

 

[commentator]

You will be wasting your time, and the court will see it as you wasting their time, which will make them more inclined to throw the book at you. Your story as you tell it on here isn't even believable. And they don't have to test you. The cop says you are "acting impaired." You say you aren't. There is a prescription for Vicodan in your car. You say that was for a previous ankle surgery. Are you wearing a cast or using a crutch for that injury now? There are still pills in the bottle. You failed your field sobriety test, because as you say, you were just so shaken up and anxious about being stopped and all. Oh yeah, and because you were sleep deprived because you were up fighting with your wife the night before. Just got an excuse for everything! How would you possibly expect them to find you more believable than the officer? Or believable to the judge, even if the officer doesn't show for court? An attorney might be able to swing it, but you, by yourself? Doubtful.

 

[HighwayMan]

There is no reason to be carrying vicodin in your car unless you had just picked it up from the pharmacy. You can't even spell - do you think you can fight a major case like this and win? It's highly doubtful.

The arguments you have made so far are unconvincing and not very believable. I don't think you stand a chance.

 

[OHRoadwarrior]

I disagree. Depending on where I am going, I carry my own little pharmacy. The question is not when, but what at a given time.

There is no reason to be carrying vicodin in your car unless you had just picked it up from the pharmacy. You can't even spell - do you think you can fight a major case like this and win? It's highly doubtful.

The arguments you have made so far are unconvincing and not very believable. I don't think you stand a chance.

 

[latigo]

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

I was recently arrested for a DWI in Texas I was driving down the interstate and swerved to miss something in the road and ended up in the median the cop came on the screen as I was checking out the damage to the car he proceeded to ask me if I had been drinking I said no he asked if he could search my vehicle I said yes he found my prescription for vicodine in the car which was legally prescribed for a recent ankle surgery he then gave me a field sobriety test which I obviously failed partly due to being shaken up by the crash and partly because I couldn't preform the the task due to my impairment from the surgery and having been up all night fighting with my wife was a little sleep deprived. So I was taken to jail I was not asked to take any kind of alchahol/drug analysis test but still I'm charged with a DWI is this something I can defend myself? What are my chances? It seems pretty straight forward to me that the only evidence they have is the officers word with no real proof to back it up I have no prior DWI this would be my first offense

Of course you can represent yourself. But you'll be a fish out of water and have a fool for a client. For example, you wouldn't begin to understand the voir dire process much less know how to cross examine the state's witnesses or even submit your own defense.

If it is true that the prosecution has no forensic evidence, I don't see how the state could obtain a conviction before a jury were you to be represented by counsel. And if you can't afford to engage a defense attorney (and I don't see how you could afford not to considering the dire consequence$ of a conviction) as are aware the state must appointed one for you.

Just for kicks, why don't you ask some of the naysayers to the thread (not a snowball's chance in hell, etc., etc., ) just how many DWI clients they have defended (other than pro se.)

 

[CavemanLawyer]

When it comes to DWI cases the evidence only partially depends on the officer's "word" or their credibility. Unless you are in a rural area there is very likely going to be an in-car dash camera that will have recorded your entire interaction with the officer. Two of the three standardized tests will be visible on the video (walk and turn and one leg stand) and even though there are numerous studies behind them and about them, they are pretty common sense things for the average juror to watch and evaluate. If you look like your impaired then you often end up having some explaining to do. The third standardized test (HGN) does rely heavily on the officer's testimony.

Representing yourself on any criminal charge is usually a bad idea but the fact of the matter is that most misdemeanor cases are handled pro se unless the case is taken to trial. Many pro se defendant's obtain dismissals and it certainly could happen in your case. The best advice anyone can give you is to just bite the bullet and hire an attorney if you can afford one, because any class B or higher misdemeanor is a very serious matter and its not worth risking it. But realistically there is nothing preventing you from waiving an attorney at your first appearance and asking to view the state's file including the in-car video. That may at least give you an idea on how much you want to invest in an attorney and in your defense.