Legal Question in DUI Law in Texas

minor dui

i was stopped and recieved a minor dui and a minor in posession of alcohol.. i was never given a sobriety test or any kind of breath test or anything of that nature though.. i know for a fact that i did not have any alcohol in my system at the time i was arrested yet they still worte me the minor dui ticket.. can i still legally win this case by pleading not guilty and how should i go about doing this?


Asked on 9/10/07, 6:01 pm

1 Answer from Attorneys
John Armstrong The Law Office of John W. Armstrong

Re: minor dui

yes, but you need to hire an attorney. You also need to remember a couple of other things: first, DUI minor only requires the officer to be able to "detect any amount of alcohol" not whether you were intoxicated at the time, i.e., the loss of one's normal or mental faculties. Second, you have 15 days from the date of the arrest to request an "ALR" hearing or your license will be suspended for 60 days which will take place 41 days after the date of your arrest.

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Answered on 9/10/07, 7:11 pm


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