Situation: 22 yr old male is found by an officer asleep in his vehicle, which is running. The officer wakes him and takes him to the hospital for a blood alcohol test. He tests over the Texas limit at .09%. This is his first offense.
2 Answers from Attorneys
He needs a lawyer to represent him. Some counties offer special "deals" to first offenders which may result in removing the case from his record in the future. Otherwise, it may also be dismissed depending on the prosecutors in your county. Technically it can be said he was "operating" the motor vehicle but it is bad that we encourage people to "sleep it off" and then when they do we punish them.
Get a good lawyer, depending on all of the facts he may have a good fighting chance. I handle criminal charges in Austin (Travis County) and the surrounding counties for a fix flat rate. Call 7days a week: 512-827-7548
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