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


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.

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 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.