Legal Question in Criminal Law in Texas

I have 2/12 months of federal supervision and I was arrested on a DWI charge with the breathalyzer reading 0.003


Asked on 6/24/11, 9:31 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

I'm not sure what your question is. If you blew a .0003 on the breat test and were still charged with DWI, then the cops believe that you were intoxicated by drugs, possibly combined with alcohol. They should have taken urine from you and / or called a DRE (drug recognition expert) to evaluate you. If you were in a large city, there will be a videotape at the station and possibly in the field.

If you are on federal supervision, your supervision can definitely be revoked and you can be sent back to prison. (I do not think federal supervision requires no alcohol but I think it does say you cannot abuse alcohol. It also says that you cannot violate the law, which a DWI would be a violation. If you were on prescribed medications and were not toasted - look okay on the video - even if you can be prosecuted and maybe even convicted of DWI, you might not be revoked as long as the meds you were on were legal. It really depends on how wasted or not you were and how well you have done on your release otherwise.)

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Answered on 6/24/11, 10:25 pm


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