Legal Question in DUI Law in Texas

I am a 20 year old university student living in a college town. As I returned home one night (date night with the girlfriend), I noticed some of my neighbors were walking down the street. We had a short conversation on my front yard, when all of the sudden a police cruiser appears, sparking them to take off (assuming they were under-age drinking). Cop pulled into my driveway and interrogated me about the neighbors. He proceeded to issue me with a Minor in Consumption despite the fact that there was no alcohol present and I had not been drinking. I reminded the officer that I had not had anything to drink, and asked him why I was being issued this citation, especially since I had not even been offered a test or breathalyzer. He responded that it was too late because he had already finished writing the citation, and that he didn't need proof because he could "smell it" on me. Obviously, as I had not been drinking and have witnesses to attest, I am going to plead not guilty. My questions are 1.) Do the police honestly have a case against me? and 2.) Since the issue is so black and white do I really need to hire an attorney (with money which I do not have)? I have no criminal background if that is of any concern, and I will be 21 in a month. Thank you for your time.


Asked on 7/03/13, 5:32 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

The "case" against you will be the officers' word that you had the smell of alcohol on your breath. The question is whether a jury would believe the officer beyond a reasonable doubt. Your witnesses can raise doubt.

It is NOT black and white; it is a matter of credibility, and many people think cops have top credibility.

That said, this case may not get to trial - that will be for a prosecutor to decide. Do not waive a jury and go to the judge; try it to a jury only.

And, you would be best served to have a lawyer. You do not have the training the prosecutor has.

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Answered on 7/11/13, 3:02 pm


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