What happens if I got a DWI 2 weeks ago and failed the sobriety test but passed the breathalyzer test at the jail?

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What happens if I got a DWI 2 weeks ago and failed the sobriety test but passed the breathalyzer test at the jail?

Asked on February 28, 2012 under Criminal Law, Texas

Answers:

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

Answered 9 years ago | Contributor

You may or may not be charged with DWI.  The reason is that the breathalyzer only tests for alcohol content.  If you were intoxicated on another substance, like marijuana or meth, then the breathalyzer will not produce a reading.  Whether or not you will be charged formally in county court will depend on whether the officer and/or the prosecutor think there are sufficient facts to support another means of intoxication.   Texas does not limit DWI charges to only instances where someone drinking while driving, but any means of intoxication.  Technically speaking, a person could have lost the use of their physical or mental factulties by drinking too much Nyquil and still be charged with driving while intoxicated.


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