Can I be arrested for a DUI?
I was arrested and taken to jail when I was charged with a DUI. I had to have a family member bail me out. I had blown slightly under the legal limit and I was getting frustrated with the officer and he sent me to jail. What can I do?
Answered By: Cynthia Henley, Lawyer
Yes you can be arrested. If you were arrested for DUI (driving under the influence) then that means that you are under 21 and Texas has a no tolerance law regarding minors driving with ANY alcohol in their system. If you mean you were arrested for DWI, you can still be prosecuted but it will be a more difficult case (and your lawyer might be able to talk the prosecutor into dismissing.) The breath test result was for the amount of alcohol in your system at the time of the test. The question is what you level was at the time of driving. If they have sufficient extrapolation facts (when & what you drank and ate - provided by you during the interview generally), then they might be able to extrapolate back to a higher (above the limit) level at the time of driving.
Answer Applies to: Texas
Replied: 8/4/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 8/4/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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