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I need advice, I was arrested for a dwi yesterday and I

Customer Question
I need advice, I...

I need advice, I was arrested for a dwi yesterday and I wasn’t drinking. I do take prescribed Xanax. Is this something I can fight or will I most likely get charged

Lawyer's Assistant: Do you have any upcoming court dates on the DWI charges?

No it happened yesterday

Lawyer's Assistant: In what state did the DWI occur?

Texas

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I don’t think so

Submitted: 26 days ago.Category: Criminal Law
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Customer reply replied 26 days ago
Are you still there
Answered in 4 hours by:
5/30/2018
Criminal Lawyer: James Daloisio, Lawyer replied 26 days ago
James Daloisio
Category: Criminal Law
Satisfied Customers: 614
Experience: 30 years experience in criminal law, continuing education.
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Hi, my name is ***** ***** welcome to Just Answer. Sorry for the delay in getting to this...sometimes we get backed up on these questions.

The law forbids driving while "intoxicated." The fact that you were taking a prescribed drug means that you were legally in possession, but that does not allow you to drive if it is affecting your ability to do so safely. "Intoxicated" is defined by Texas law as "Not having the normal use of your mental and physical faculties due to the consumption of drugs or alcohol."

To answer your question: whether you are charged depends on two types of evidence: 1) the officer's observations of your driving and your physical condition, and 2) the result of any chemical tests (blood, breath).

Whether you can "fight" the charge is best answered by consulting with an experienced DWI attorney because there are a number of areas that can be litigated in any DWI case. It begins with the initial stop of the vehicle; the police need to have some reason to detain you. They have to have witnessed some erratic driving, or may be responding to citizen complaints. The point is that they cannot just stop you because they've got nothing better to do.

After you're stopped, there was interaction between you and the officer that probably led to your making some statements. Those statements may be inadmissible, although not likely, but the circumstances must be analyzed. Remember the officer is observing your "symptoms," such as complexion, watery eyes, redness, slurring of speech, loss of coordination, etc. You may have been given "field sobriety tests" where the officer asked you to perform certain balance and coordination tasks; whether you completed them successfully is really just an opinion of the officer.

So yes, you can always "fight" a DWI. But have an attorney review your case if they charge you.

Hope that helped. You may always return here with follow up questions on this topic at no additional charge. Thank you for using Just Answer!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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