Dallas, TX asked in DUI / DWI for Texas

Q: My sister was pulled over for a DUI 11 months ago. She received her blood work back a few months ago. Under the limit

The blood work came in a .06.

The blood work came in but the file didn't have her video. She now has received the video twice both times it has come "busy" or unwatchable.

Will her case drag on forever? Will they drop the charges since she was under the limit?

I just find it ridiculous speed for the police department to provide evidence. The polices report is also inaccurate of the actually happenings which is why I think she is having difficulty getting the video.

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1 Lawyer Answer
Roy Lee Warren
Roy Lee Warren
  • DUI & DWI Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: Your information is not a rare occurrence. Police reports almost always have errors and a person that is under the BAC can still be charged (and convicted) of a DWI because the test is whether the person has "normal use of their mental or physical faculties" It is anyone's guess whether a person has their "normal" use. As for the state taking its sweet time, I actually like that because people's memories change over time and witnesses go missing, or they change jobs. Also if she were to unfortunately be charged with another DWI (God forbid) it will not count as a felony DWI unless the first one has become final.

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