Should I take my DWI case to trial?

I got arrested for a DWI. My blood results are 0.06. The cop states that it took over a 2 hour period for blood to be taken so at the time of the arrest I was considered to drunk to drive. Should I take this to trial?

Asked on March 12, 2012 under Criminal Law, Texas

Answers:

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

Answered 8 years ago | Contributor

The decision to go to trial should be based on just more than the blood draw.  The legal limit in Texas is .08-- however, that is not necessarily controlling.  If the blood draw also showed the presence of marijuana or a video recording of your field sobriety tests showing that you were really intoxicated--- then no, you probably don't want a trial.  If the only evidence is a weak blood draw, then you may want a trial.  Either way, you should get a copy of your offense report, a copy of the patrol video, and take both of them to a criminal defense attorney to review with you.  Many will give you a free consultation or at least a nominal rate for just reviewing the case to give you some input more specific to your case.


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