Bonham, TX DWI Law Firms & Lawyers

While I consider it a waste of money to spend money on alcohol, you and your family do NOT consider that a waste of money. SO, you need to decide IF you will fight the case .

There's no question he should fight that case. The medical records can be used to try and compel the DA to dismiss the charge. If they refuse to dismiss, those same records can be used to embarass them at trial. No way in the world he should take a plea on those facts. Never.

Legally, there would be two ways to advance the argument you are making. The first would be in the form of a motion to suppress the arrest based on a lack of reasonable suspicion/probable cause to make the initial stop. If that argument failed, it could be possible to submit the same argument to the jury, by way of a specific request for a jury instruction, or a 38.23 instruction. Then, of course, there is the fight over whether the DWI is a good arrest. Even if you admitted to having drinks, I wouldn't throw in the towel on that argument. Remember, DWI is an opinion crime: in the officers opinion, based on the totality of the circumstances, he/she believed you had lost the normal use of your mental/physical faculties. Lastly, unless you were cited for DUI (i.e. under the age of 21) this is not a "ticket." A charge for DWI carries some pretty serious potential consequences, up to and including 6 months in County jail. So, while it is certainly a good idea to post questions and seek advice, I would caution you againt the idea of confronting this kind of case without a good defense lawyer.