Legal Question in DUI Law in Texas

DUI when NOT driving, no sobriety test?

My father in law was arrested for a DUI last weekend. The thing is, he wasn't pulled over because he wasn't even driving when he was arrested, wasn't given a sobriety test, wasn't give a breathalizer. He was pumping gas into his truck when an off duty officer approached him (a very tiny town) and proceeded to place him under arrest. My father in law is 53 years old with NO criminal background, NEVER been to jail so of course, he just obeyed. They charged him with DUI because the guy said ''well I recorded you driving on my cell phone''. Shouldn't this just be a Public Intoxication?? I think they are just expecting him to roll over so they can ruin his record and make a LOT of money off him. Please help!


Asked on 10/05/07, 10:02 am

2 Answers from Attorneys
TC Langford Langford Law Office

Re: DUI when NOT driving, no sobriety test?

I agree with Mr. Engelke, especially since you state that there was no sobriety tests given. The testimony of the officer is evidence, but possibly not enough to sustain a DUI. He needs a lawyer.

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Answered on 10/05/07, 2:55 pm
Keith Engelke Law Office of S. Keith Engelke

Re: DUI when NOT driving, no sobriety test?

He needs a criminal defense attorney. If the officer saw him driving, that is evidence that he was driving. What evidence of intoxication do they have? Any breath or field sobriety tests?

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Answered on 10/05/07, 10:15 am


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