re: Can Anyone Recommend a TX DUI Lawyer (San Antonio Area)

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Which is why I didn’t submit to a blood test, because if I had the previous days doses would have come up and been used as evidence as intoxication.

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I've always wondered how they handle situations like that and one of the reasons I have trouble supporting legalized weed. If you smoke some weed onight, go to sleep, rest for a day, then get in a wreck on Monday morning, how do they give you a DWI because you piss dirty? Maybe they have a way to tell and i just don't know about it.

Recap this storu after you talk to a lawyer and find out how this is enforced legally and that'll answer a long standing question Ive had.

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I've always wondered how they handle situations like that and one of the reasons I have trouble supporting legalized weed. If you smoke some weed onight, go to sleep, rest for a day, then get in a wreck on Monday morning, how do they give you a DWI because you piss dirty? Maybe they have a way to tell and i just don't know about it. Recap this storu after you talk to a lawyer and find out how this is enforced legally and that'll answer a long standing question Ive had.

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I’ll definitely let you know what I find out. But yea, I definitely thought they would see the previous day’s dosages and use that as evidence of intoxication.

Yeah, Mingo said like an a-hole but I'm pretty familiar with DWI's here in LA and I think you f'd up by refusing the blood test. They won't give you the benefit of the doubt and you now don't have anything to work with but the refusal and that's not good for you in any way. At least you would have stood a chance with the blood test and saying it was from the day before. In the old days, a refusal was a smart thing but they've changed so many of the laws and how refusals are handled now in LA is basically a guilty plea on the side of the road and a longer suspended license.
Not saying your lying buy I can't help but think you must have been swerving all over the place for someone to call you in. Everyone is swerving these days as they're tweeting and driving every day. Either way, I'm not going to bust your balls because I've been guilty of drinking and driving too many times and would be a hypocrite if I did judge you. But if you say you weren't then you weren't, but this sucks for you.

That's great advice about getting a new license ASAP and actually gave that today to some one that gt a DWI tuesday night. i wish you the bet of luck because the long term effects can suck with the background checks. I don't know if they have a 894 or similar program in TX but a good lawyer will help tremendously, just coast a small fortune.

I’m sure I was swerving, but if that’s not evident on the dash cam then it basically didn’t happen, and according to the officer, I was driving perfectly normal the entire time she followed me, which is why I wasn’t charged with evasion after not pulling over for 5-10 miles (it was an undercover unit, I didn’t hear the sirens).

As far as consequences for not taking the test, in Texas at least it’s 180 days suspension, but I were to have taken the test and it showed my previous day’s medication as evidence of intoxication, I think I’d be looking at a lot more than 180 days of suspension.

Also, I didn’t outright refuse, I asked multiple times to speak with legal counsel before making the decision. I don’t know if that’s something they need to grant, but I did ask and was ignored. If a law enforcement agency is asking you for a sample of your bodily fluids, you should, at least in theory, have the right to consult with an attorney first. If it were a murder investigation and they wanted my DNA or wanted me to take a lie detector test, I would certainly be allowed to seek counsel first.

But I digress, it’ll play out how it plays out. Most people get a DUI/DWI at some point in their life and work through it, I’m sure I’ll do the same.

That is what the blood test is for, you can determine the levels through it. That is the key to guilty versus innocent. If anyone ever has to have a blood test make sure you get the sample and have it analyzed by an actual independent party. The chemist's job is to get as many convictions as possible.

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If you had no alcohol on board I cannot understand why you didn't blow.

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Because it's an unreasonable search and seizure under the 4th amendment?

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Having a drug in your system that you are prescribed isn't a very good answer for refusing the blood test.

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Sure it is. It doesn't matter if you were prescribed an intoxicating drug or not- it's an intoxicating drug and you're not allowed to drive while you're on it. Also, there aren't hard and fast limits for every single (or any, in some states) drug out there. It gets really subjective, and the DA will latch onto any level of drug or metabolite as evidence of intoxication.


Forgive me if someone already said this in the remaining 84 pages of this thread. I saw multiple people getting it wrong in pages 1-83.

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do have bad eyes, I had LASIK; whether or not that can throw something off I don’t know.

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My impression they base everything of eye test in field sobereity

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Staggering to see this is a reason you don't support marijuana legalization.

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I'm inclined to agree with him, even though I feel that using drugs is a human right.

Marijuana intoxication is an extremely murky thing. It's not like alcohol, where impairment levels have been established and can be guessed by ordinary people using rules-of-thumb. A chronic marijuana user will have residual THC in his system for weeks if not months after stopping use, probably at levels that really would intoxicate a casual or first-time user.

The whole legalization thing seems like a trap to me. You're basically opening yourself up to being a 24-hour-a-day DUI suspect, a federal criminal, and a prohibited person with respect to guns at the invitation of the local goons... the same local goons who are strapping people like OP to stretchers and drawing blood.

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No, they'll have thc metabolites. Thc has a very definite half life.

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Funny how those things still fail you on drug tests. You really trust a DA to learn the science on this and never use THC metabolites in a DUI prosecution? I remember quite specifically that cocaine metabolites have been used in successful prosecution of a DUI, either in NJ or NY. (And I'm not even convinced cocaine impairs one's driving ability to begin with.)