Legal Question in DUI Law in Texas

I was recently arrested for a DWI in Texas I was driving down the interstate and swerved to miss something in the road and ended up in the median the cop came on the screen as I was checking out the damage to the car he proceeded to ask me if I had been drinking I said no he asked if he could search my vehicle I said yes he found my prescription for vicodine in the car which was legally prescribed for a recent ankle surgery he then gave me a field sobriety test which I obviously failed partly due to being shaken up by the crash and partly because I couldn't preform the the task due to my impairment from the surgery and having been up all night fighting with my wife was a little sleep deprived. So I was taken to jail I was not asked to take any kind of alchahol/drug analysis test but still I'm charged with a DWI is this something I can defend myself? What are my chances? It seems pretty straight forward to me that the only evidence they have is the officers word with no real proof to back it up I have no prior DWI this would be my first offense


Asked on 4/06/14, 7:39 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Juries have convicted defendants on the facts you describe. You have a good case but you need an attorney to help you out. The prosecutor will have tried cases like this tens if not hundreds of times. It wouldn't be a fair fight if you tried to defend yourself.

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Answered on 4/06/14, 9:54 pm


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