Legal Question in DUI Law in Texas

My son got a class c misdemeanor in Texas for public intoxication. Do we need to hire a lawyer for this? He was not given a breathalizer test or read his Miranda Rights. The officer just said he could smell alcohol on his breath, shone a flashlight in his eyes, and took him to jail. My son admits he had been drinking.

Asked on 7/10/13, 12:15 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer
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Your son admits guilt and no tests were required. Miranda is only required when there is custodial interrogation.

Your son needs to get a deferred disposition so that the case will be dismissed and then he can later expunge it from his record. It is best to have a lawyer represent him.

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7/11/13, 2:53 pm

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