AV Preeminent Peer Rated Attorneys
Pharr Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
AV Preeminent Peer Rated Attorneys
Pharr Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Pharr Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).

The Law Offices of Damian C. Orozco, P.C.

  • 1138 E. Expressway 83, Ste. C, Pharr, TX 78577

Law Offices of Roel R. Trevino, P.C.

  • 1401 W. Polk, Pharr, TX 78577-2444

Law Office of Oscar Vega

  • 1401 W. Polk Avenue, Pharr, TX 78577

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Commonly Asked DUI/DWI Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

How do you find out if police have evidence?

Richard Keith Oliver
Answered by attorney Richard Keith Oliver (Unclaimed Profile)
DUI/DWI lawyer at The Law Office of Rick Oliver
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 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.
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Should I have gotten a DUI instead of DWI because I had no alcohol in my system?

Shannon Willis Locke
Answered by attorney Shannon Willis Locke
DUI/DWI lawyer at The Locke Law Group
There is a common misconception that Driving Under the Influence is different than Driving While Intoxicated. In fact, in Texas there is no difference. The State may prove loss of normal use of mental or physical faculties by introduction of alcohol or drugs into a person's body. The case that is filed is no different and it does not matter if you ingested drugs or alcohol.
There is a common misconception that Driving Under the Influence is different than Driving While Intoxicated. In fact, in Texas there is no difference. The State may prove loss of normal use of mental or physical faculties by introduction of alcohol or drugs into a person's body. The case that is filed is no different and it does not matter if you ingested drugs or alcohol.
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Can I get a temporary license until my court date

Richard Keith Oliver
Answered by attorney Richard Keith Oliver (Unclaimed Profile)
DUI/DWI lawyer at The Law Office of Rick Oliver
If you were arrested and charged with DWI within the last 15 days, you need to contact a DWI attorney immediately. The ALR suspension does not take effect until after the expiration of 40 days after the arrest. So, if you are within that window, your privilege to drive is not yet suspended. If you are still inside the 15 day window, your attorney can request an ALR hearing to fight to prevent the suspension. The request will toll the suspension period. 
If you were arrested and charged with DWI within the last 15 days, you need to contact a DWI attorney immediately. The ALR suspension does not take effect until after the expiration of 40 days after the arrest. So, if you are within that window, your privilege to drive is not yet suspended. If you are still inside the 15 day window, your attorney can request an ALR hearing to fight to prevent the suspension. The request will toll the suspension period. 
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