What do I do if I got a DWI?

I didn’t blow or give a blood sample. I didn’t have my keys in my truck when the cops arrived. I was looking for them in the grass (friend threw them in an argument). After being questioned the officer asked me to complete a field sobriety test to see if I was okay to drive home. I told him that I had 2 drinks at 11:30 pm. and hadn’t had a drink since then. It was 2:30 when the cops arrived. I did the “Follow the pen” test but when I was asked to walk three steps and turn around and do 3 more I wobbled on uneven/slanted road and he decided to take me in. I don’t work and was wondering if a court appointed attorney could easily dismiss this case?

Asked on March 24, 2015 under Criminal Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No one can guarantee a dismissal---but the first big issue that the officer is going to have is proving that you were driving, especially if a friend had hide your keys.  However, the charge may not go completely away.  It may simply get reduced to public intoxication, a ticketable offense.

As far as challenging the officer's determination that you were impaired, that will depend on what he wrote in his report and how you appeared in the video of the tests.  Any attorney, appointed or retained, will simply have to work with facts, or absence of facts.  Over the last several years, these tests have come under attack by several groups questioning their reliability, but juries still tend to fall for them. 

You may want to start out with a public defender and get a feel for how they see to handle your case.  If you are not happy with the appointed attorney, then you can always hire a private attorney.  In Texas, there are attorneys that specialize in criminal law--- but what you need is an attorney that frequently handles DUI's so they can spot the flaws (if any ) in the techniques used by the officer to administer your tests.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.