Granbury, TX DWI Law Firms & Lawyers

You got bad advice. If there's an outstanding warrant for your arrest for a DWI, it will be there forever, until you get it taken care of. To be clear, a "DUI" in Texas is a ticket issued to people under 21 who are suspected of driving under the influence. "DWI" is the over 21 charge, and is more serious. If all you have outstanding is the DUI ticket, you should just retain a TX attorney to handle it for you. Since you're living out of State now, your attorney may be able to get the warrant lifted, get you on a docket, make an appearance on your behalf, work out a resolution to the case, and all you'd have to do is mail in a check for the fees/court costs (if it can be worked out that way). The worst thing in the world to do would be to ignore it.

The attorney is typically the person who will access to the State's file. They're not going to release their evidence to a non-lawyer, for a variety of reasons. Unfortunately, you won't be able-on your own-to determine whether he's "innocent," or not, if and until an attorney reviews their file. Usually, you don't see an arrest for DUI and tampering. DUI is a class c offense, which would apply in the case of a 19 year-old stopped for suspicion of DWI (DUI is the offense applicable to underage drivers - the burden of proof required to convict a person of DUI is not the same as that which is required to convict an adult of DWI). If the officer was able to articulate "any detectable amount" of alcohol, then your son could in fact be guilty of DUI. Tampering, in these situations, usually implies a person destroyed potential evidence. If it was a drug case, and, for example, he swallowed whatever the substance was, that would considered tampering. And there is no such thing as an inconclusive breath test. It's either above the limit; or not. Again, the "limit," or 0.08 g/ml, does not apply in a DUI case.  Mostly, I've offered a bunch of educated guesses, given the limited facts provided. An attorney would very likely be able to answer more intelligently with additional information.

The solution is to amend the conviction records by filing a Motion Nunc Pro Tunc. The attorney you hired to handle the case should be able to get this done for an additional fee.