DWI in texas
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Old 09-27-2012, 02:16 AM   #1
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Default DWI in texas

Since this is the only forum I am a member of I thought I'd ask yall this.

Last night I did something stupid and never do, drove home drunk from the bars after I got some things off my mind (woman related) and was pulled over and arrested for DWI. I blew a .26 and was carted off. I was completely complacent and offered no problems was even thanked for how understanding and courteous i was to the leo's. I have an appointment with a lawyer this weekend to see if anything can be done but wanted to ask around to see if anybody had any experiences of any kind .

I have a completely clean record other than two warnings one speeding one stopping at a stop sign. I was originally was planning on going to OCS and possibly retiring as a game warden but now i think those dreams are forever gone because of one mistake.

Is there any hope for me at all in this giant mess or am I left in this seemingly endless crappy spiral of my mistake.

Thanks for listening and I completely understand if yall just want to chew out for my stupidity.

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Old 09-27-2012, 02:20 AM   #2
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Make sure the lawyer is a good one.

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Old 09-27-2012, 02:54 AM   #3
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You ain't the first one and sure **** u ain't going to be the last one. Stuff happens and I completely understand where u are coming from with woman problems. I think its crazy how another human can gave so much influence over your emotions. When the ol lady pisses me off I go out and shoot the hell outta some sort hills and targets.

Just think of it this way, you can only go up now.

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Old 09-27-2012, 03:01 AM   #4
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Sorry 'bout your luck. I got one back in '91, cost me my car, license for 2 years and 5K in cash (court costs, drunk school etc...).

I don't know if having this on your record will negatively impact your job opportunities or not. It's not a felony so that's good. Get a good lawyer, may cost a little now but in the long run, it'll pay off...

Don't really have any solid advice or insights for you, I just wanted to post to let you know I know how you feel...

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Old 09-27-2012, 03:17 AM   #5
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.26? That buys you an enhancement. Depending on the County, you can expect probation for about a year and loss of license for 90 days or so. Prepare to part with 5 grand or so.

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Old 09-29-2012, 01:41 AM   #6
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You probably should not have blown, but spend your money on a good attorney.

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Old 09-29-2012, 02:10 AM   #7
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First suggestion, dont post any details to an online forum, anything posted could be used against you.

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Old 09-29-2012, 03:48 AM   #8
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silence ......... one shouldn't blow or submit to any type of testing ,be compliant offer no resistance during your arrest . call a great lawyer. Texas is becoming a police state and officers can and do pull people over just because of the law of averages 1 out of every 6 vehicles nationwide has a driver or passenger u i of alcohol /drugs after 10 pm .....1 out of 3 after 2 am .

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Old 09-29-2012, 03:52 AM   #9
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Quote:
Originally Posted by wreck1819 View Post
Since this is the only forum I am a member of I thought I'd ask yall this.

Last night I did something stupid and never do, drove home drunk from the bars after I got some things off my mind (woman related) and was pulled over and arrested for DWI. I blew a .26 and was carted off. I was completely complacent and offered no problems was even thanked for how understanding and courteous i was to the leo's. I have an appointment with a lawyer this weekend to see if anything can be done but wanted to ask around to see if anybody had any experiences of any kind .

I have a completely clean record other than two warnings one speeding one stopping at a stop sign. I was originally was planning on going to OCS and possibly retiring as a game warden but now i think those dreams are forever gone because of one mistake.

Is there any hope for me at all in this giant mess or am I left in this seemingly endless crappy spiral of my mistake.

Thanks for listening and I completely understand if yall just want to chew out for my stupidity.
All hope is not lost. My brother was picked up for drunk driving just before he joined the Corps. Passed the field sobriety test, but refused to blow. Here if you refuse to blow they automatically take your license, without due process, for twenty four months. Because he refused to blow and passed the sobriety test the LEO did not have cause to arrest him and compel a test at the station. Meaning in court the judge agreed that the arrest needed to be stricken along with the compelled test at the station because under the law all he could do was take his license and wait for someone to pick him up.

But wait there was more.

Because of what was said in Thompson v. Smith and others, they had to restore his license.

"The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right which he has under the right to life, liberty, and the pursuit of happiness."

So, as it is a right, not a privilege as many believe, it can not be revoked without due process of the law.


Know your laws and employ an attorney that is even more well versed than you.


ETA: I believe the only reason they gave it back was because at the time there was a big right to travel movement here. If they would have denied him it would have gone higher, and as we can imagine that could be very bad for many aspects of the "privilege" to travel.
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Old 09-29-2012, 04:24 AM   #10
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Quote:
Originally Posted by powg View Post
silence ......... one shouldn't blow or submit to any type of testing ,be compliant offer no resistance during your arrest . call a great lawyer. Texas is becoming a police state and officers can and do pull people over just because of the law of averages 1 out of every 6 vehicles nationwide has a driver or passenger u i of alcohol /drugs after 10 pm .....1 out of 3 after 2 am .
Nothin' good ever happens after midnight......except for FTF!!
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