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

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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Answered on 7/11/13, 2:53 pm

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