Should I take my DWI case to trial?
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Should I take my DWI case to trial?
I got arrested for a DWI. My blood results are 0.06. The cop states that it took over a 2 hour period for blood to be taken so at the time of the arrest I was considered to drunk to drive. Should I take this to trial?
Asked on March 12, 2012 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The decision to go to trial should be based on just more than the blood draw. The legal limit in Texas is .08-- however, that is not necessarily controlling. If the blood draw also showed the presence of marijuana or a video recording of your field sobriety tests showing that you were really intoxicated--- then no, you probably don't want a trial. If the only evidence is a weak blood draw, then you may want a trial. Either way, you should get a copy of your offense report, a copy of the patrol video, and take both of them to a criminal defense attorney to review with you. Many will give you a free consultation or at least a nominal rate for just reviewing the case to give you some input more specific to your case.
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