Can I get a DWI after passing the test? 2 Answers as of July 05, 2011

I had went to go pick up my cousin from a bar, he had called me for a ride because he was too drunk to drive. When I arrived at the bar, I kept calling him but he wouldn't answer. I went inside to go get him and he was talking to a girl so I thought I would have a beer or two while he finished his conversation. The bouncer told me he had to leave immediately because he was intoxicated, so I helped walk him across a street, obeying the pedestrian signs. He was so drunk he had to hold on to me and it was quite tiring helping him to my car. Almost immediately after I pulled out from the parking lot I was pulled over. The cop gave me a follow the finger test which I passed with no problem, but he gave me a walk and step test and I messed up because I was nervous and fatigued. I didn't blow.

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Bristol & Dubiel LLP
Bristol & Dubiel LLP | Murray L. Bristol
The State must prove you lost your normal use of your mental and/or physical faculties by the introduction of alcohol by a reasonable doubt in order for you to be found guilty of DWI.
Answer Applies to: Texas
Replied: 7/5/2011
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
First, you apparently got arrested for DWI so it can happen. Second, even if you think that you "passed" the field sobriety tests, the officer did not (or at least will say that he did not, which is why he arrested you.) If you had nothing to drink, the you should have few worries even if you did not do perfectly on the FSTs. Few people do. You will likely want to get the bouncer's name and contact information to be a witness that you arrived at the bar & had nothing to drink. You will also need any other witnesses that you were around that can testify to your sobriety. Finally, you will want your cell records to demonstrate the time of the calls, etc., and the lack of opportunity to drink. You definitely need a lawyer ASAP. There is a 6 months license suspension in the works for refusing the breath test. You must request a hearing within 15 days of your arrest or you license will automatically be suspended beginning on the 40th day after your arrest.
Answer Applies to: Texas
Replied: 7/1/2011
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