Q: I have myofascial syndrome and because the officers didn't like my answers they decided it was narcotics and threw jail
They didn't find anything in purse. On me or in vehicle. Need a lawyer to defend me in court. I took blood test and shouldn't have been arrested. I was stressed and confused which is a symptom of my disease
A:
Sadly I have seen many DWI arrests take place when officers misinterpret a physiological or neurological condition as intoxication. While I completely understand your frustration about the situation, I can hopefully shed some light on the situation for you.
First of all, your case points to the differences between probable cause and proof beyond a reasonable doubt. In Texas, officers merely need probable cause to arrest someone for DWI. While the legal definition gets a bit complicated, you can think of probable cause like this: when the officer’s observations combine with their training and experience to make them believe that a person is probably driving while intoxicated, the officer can make an arrest. Probable cause is a very low burden of proof. From a public safety perspective, Texas lawmakers have decided they want officers to err on the side of caution, and if they think a driver is probably intoxicated, our legislators have decided the officer should make an arrest.
The problem is, a wrongful DWI arrest places an unfair cost on the person arrested. You may have to pay a bail bondsman, hire an attorney, and pay fees to petition for an expunction or nondisclosure, depending on how your case is resolved.
The good news is that prosecutors will have to prove the case beyond a reasonable doubt in order for you to be found guilty of DWI. An experienced DWI lawyer will analyze the officer’s administration and assessment of standardized field sobriety tests. There may be areas, especially with Horizontal Gaze Nystagmus, where the officer should not observe any clues of intoxication, assuming you have no alcohol or drugs in your system. And if you do not have alcohol or quantifiable amounts of drugs in your blood toxicology results, a DWI attorney should be able to tear apart the officer’s assessment of SFSTs during cross examination.
Hopefully an attorney will be able to get your case dismissed, but be aware that many DA offices have very strict policies against dismissing DWIs. In my experience, DWIs involving physiological conditions mistaken for intoxication can be a long journey, but justice eventually prevails. I hope you are able to find justice quickly.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
