Dallas, TX asked in DUI / DWI for Texas

Q: Without any blood test, breathalyzer or field sobriety can they still convict a DUI?

Incident is over 2 years ago and all they have is body cam footage of car being off the side of road and suspect being belligerent. Is that enough evidence alone for a conviction? No prior DUI's before this

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3 Lawyer Answers
Grant St Julian III
Grant St Julian III
Answered
  • DUI & DWI Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Short answer: yes, prosecution and/or conviction on DWI cases is still possible without the tests you describe. The State of Texas was prosecuting DWI cases long before blood or breathalyzer test were available. Talk with your attorney. Good luck.

Herman Martinez agrees with this answer

Herman Martinez
Herman Martinez
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Houston, TX
  • Licensed in Texas

A: I would add that having a breath/blood test is not the only way to prove a DWI/DUI. In the State of Texas intoxication may also be proven by proving beyond a reasonable doubt that a person lost their normal use of their physical faculties or mental faculties by the introduction of alcohol or drugs (known or unknown, even legally prescribed medication). There are some aggressive jurisdictions in Texas that charge a person with DWI/DUI even when the blood/breath tests are under the legal limit.

James Michael Yanney
James Michael Yanney
Answered
  • DUI & DWI Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: Hello,

If the allegation is merely that the driver was intoxicated, the short answer is yes it is possible. It will depend on how the jury feels about the video and other testimony. The State will attempt to show the driver was intoxicated ("drunk") through "loss of normal mental or physical faculties". This usually translates to as, "you acted, smelled, looked drunk to the officer".

If the allegation is that the driver was at a certain blood-alcohol level, the State cannot prove that without some sort of specimen/sample (blood or breath).

I would advise you to contact an attorney immediately.

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