Waring, TX Criminal Defense Law Firms & Lawyers

DUI is not applicable to your son. It is driving under the influence of alcohol while being under 21. DWI is driving while intoxicated by alcohol, drugs, or a combination. Intoxication is the loss of the normal use of mental and / or physical faculties due to the introduction of those substances (and not because tired, sleepy, stressed, etc.) .08 is presumptive in Texas, although even if one blows .08 one can still be found not guilty. You need to hire a lawyer immediately. He has 15 days in which to request a hearing on his driver's license matter. (ALR hearing) This needs to be done in the event that he is going to have a trial on the DWI as it will provide discovery on the case for the lawyer representing him. (Note that the driver's license situation & the DIW are separate. Even if the DWI got dismissed, the driver's license matter would proceed. When one receives a TDL, one agrees to take a breath test and pass if requested. One can withdraw that agreement if requested, or fail, but there is a consequence. If he refused the test, his license will be suspended for 6 months. If he failed it, it will be suspended fro 3 months. Suspension assumes that they can prove what they need to at the hearing, which generally they can.) First offender DWI is a Class B misdemeanor and carries up to 6 months in jail & $2,000. Importantly, the consequences for future DWIs go up. A 2nd is a Class A misdemeanor & carries up to 1 year in jail / $4,000 fine. A third DWI is a felony, etc. There is only one first if he pleads guilty.(There are other consequences, too, including another license suspension fora year if he does not get probation; higher insurance; surcharge etc.) It is best to get the advice of someone who is very knowledgeable about DWI, and have them review the evidence including the offense report and video to make a recommendation on how to proceed. It will cost a pretty penny but it is important. Good luck!

First off, I'm sorry you find yourself in this situation.  It's always hard when a family member gets in trouble.  Unfortunately, all the police need to CHARGE someone is one witness (the 'victim,' in this case).  But for a CONVICTION, the standard becomes much higher: beyond a reasonable doubt.  You need to find your son an aggressive and trial-ready criminal defense lawyer who can point out the problems with the State's case against your son.  Many of us offer free consultations.  Call a few lawyers, meet with them, then hire the one you believe can help your son.  Good luck, hope I helped!   Cordt Akers Criminal Defense Lawyer (713) 426-2244