Legal Question in Criminal Law in Texas

dui and 4th amendment

I was pulled over for no legit reason. drank beer earlier. passed field sobriety test. blew .06 in breathlizer and i'm still being indited. why? no citation was issued.also while at magistrate holding area, with many others, police found two small baggies of control substance,cocaine, .7g each on floor by my feet. can skillful attorney show how easily substance could belong to someone else since area had many other prisoners? i'm also being charged with possesion of control substance.what about 4th amendment violation because no legit stop?can evidence be suppressed? i have long history and labled repeater.


Asked on 7/10/09, 8:31 pm

2 Answers from Attorneys
Edgardo Baez The Baez Law Firm, P.C.

Re: dui and 4th amendment

You need more than a skillful attorney!

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Answered on 7/13/09, 3:43 pm
Robert Tuthill Law Office of Robert H. Tuthill

Re: dui and 4th amendment

If you were pulled over without a valid reason, then your may have a 4th amendment issue relating to an unreasonable seizure.

I doubt the officer told you how many clues they counted while giving you the field sobriety tests, so you likely do not know if you passed or failed. As far as blowing .06 and still getting arrested, intoxication is defined as having a blood alcohol concentration of .08 or higher OR losing the regular use of your mental of physical faculties. So technically, even if you blow .06, you could still be deemed intoxicated for having lost the regular use of your mental or physical faculties. In reality, if people blow under .08, they are rarely prosecuted.

Yes, an attorney should be able to point out that other people could have dropped the dope there. The cops will likely say they clean and check the area all the time and it wasn't there until you got there.

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Answered on 7/10/09, 9:20 pm


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