Lumberton, TX DWI Law Firms & Lawyers

Three ways they can prove a dwi. Proof beyond a reasonable doubt that a person: (1) lost the normal use of their mental faculties; (2) lost the normal use of their physical faculties; or, (3) had a bac over .08. Without a blood or breath test, it is typically more difficult for the State to prove their case.

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.

Unless there are extreme aggravating circumstances (such as someone getting hurt or your fleeing the scene of an accident), you are highly unlikely to get actual jail time for a first-time DWI. Get a lawyer (a court-appointed one if you're poor enough, though it's always better to hire a lawyer if you can) and follow his or her advice.