If I was charged with a DWI but did not take a breath, blood or a field sobriety test, what are the chances of my case being dropped?

Asked on July 9, 2014 under Criminal Law, Texas


Richard Southard / Law Office of Richard Southard

Answered 6 years ago | Contributor

It depends on what evidence the prosecutor does have. The officer will likely testify to red, watery eyes, unsteady gait, strong odor of alcohol on your breath, slurred speech, lack of coordination, stumbling, admissions of drinking, erratic driving etc... more than enough for a jury to convict.  In addition, the prosecutor is entitled to an instruction to the jury that your refusal to submit to a brathalyzer is evidence of your guilt (i.e., he didnt blow because he knew he would fail)  Hire an attorney to review these and other factors.  The consequences of DWI cases are among the most severe of any misdemeanor case.

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