Clyde, TX DWI Law Firms & Lawyers

I believe you're referring to the alcohol and substance abuse evaluation, usually referred to as ADES, and the VIP, or Victim Impact Panel. The evaluation determines what degree of education and treatment is required in your case if you are found guilty, and the Victim Impact Panel is a one-time seminar run by MADD or AAIM.

Whether you will be sentenced to jail depends on your particular Court and assigned Judge, and the facts/circumstances of the incident, and your past criminal history. I would kindly but strongly recommend you consult with a local DUI attorney to present all your best arguments.

The attorney is typically the person who will access to the State's file. They're not going to release their evidence to a non-lawyer, for a variety of reasons. Unfortunately, you won't be able-on your own-to determine whether he's "innocent," or not, if and until an attorney reviews their file. Usually, you don't see an arrest for DUI and tampering. DUI is a class c offense, which would apply in the case of a 19 year-old stopped for suspicion of DWI (DUI is the offense applicable to underage drivers - the burden of proof required to convict a person of DUI is not the same as that which is required to convict an adult of DWI). If the officer was able to articulate "any detectable amount" of alcohol, then your son could in fact be guilty of DUI. Tampering, in these situations, usually implies a person destroyed potential evidence. If it was a drug case, and, for example, he swallowed whatever the substance was, that would considered tampering. And there is no such thing as an inconclusive breath test. It's either above the limit; or not. Again, the "limit," or 0.08 g/ml, does not apply in a DUI case.  Mostly, I've offered a bunch of educated guesses, given the limited facts provided. An attorney would very likely be able to answer more intelligently with additional information.