McAllen, TX DWI Law Firms & Lawyers

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.

No. Once a charge is accepted by the DA's office they are the only agency (other than the judge in certain situations) that can dismiss the prosecution. What you can do is speak to your brother's attorney. Depending upon what you have to say, you might be able to help your brother's lawyer get the case dismissed. You may also consider going directly to the DA and speaking to whomever is handling the case. I think you going to speak to the DA is the worst option. If you don't know exactly what helps and how to use what you have to say in a helpful way, you may end up doing more harm than good. In fact, that's usually what happens. Find him a good lawyer so that, if it can be done right, it is done right the first time.

The degree to which any attorney can help you depends on several factors. As an initial matter, the prosecutors first have to be able to prove you were guilty of the offenses. If not, a good lawyer might be able to get one or more of the charges dismissed. If they can prove all three, then it becomes a matter of negotating with the State, and discussing the risks associated with any potential proposed resolution, with you. Ultimately, you're the one driving the boat. Our job is to give you the best advice we can, and to point out the icebergs, so to speak. Feel free to call me with additional questions. Best, Rick