Fort Sam Houston, TX DWI Law Firms & Lawyers

Is the case still pending (open)? Yes, it is possible to get Public Intox charges expunged under certain circumstances. Contact an attorney directly with your name, date of birth, and case location - they'll be able to look it up and tell you for sure.

Yes, you can still be charged. If the arrest was only 5 days ago, the most pressing issue is the ALR. If the officer confiscated your DL, he will have sent that paperwork to Austin. So, the clock is ticking. You have only 15 days from the date of arrest to contest the 6 month suspension of your license. I specialize in DWI cases, and can tell you that I handle the ALR on every single DWI case I'm hired on, provided I am hired within that 15 day window. It gives us an opportunity to fight to prevent the suspension. Also, it's our only real opportunity to get live testimony from an officer prior to trial.  As for the arrest, here's what will happen. The hospital should have drawn the blood. It will then be sent to a lab to be tested for the BAC level. Once the report is issued it will be sent to the agency that requested the testing (the arresting agency and/or the DA's office). If the BAC is at or above a .08 either a warrant or a summons will issue for your appearance on the case.  Right now there's a pretty significant backlog for blood testing at the labs. So, it could take up to a couple of months before you hear anything back on the blood. But, don't wait. Again, you can still fight the ALR; and it's an important piece of the discovery process in a DWI defense.

Yes. None of those (i.e. breath/blood/FST) is a prerequisite to a conviction for DWI. All the State must convince the jury of is that you had lost the normal use of your mental or physical faculties, by reason of the introduction of alcohol, drugs, or some combination. Usually a case like this would be based on the driving facts (e.g. a car wreck or other bad driving facts observed by a witness) or observations made by the police officer. A good defense lawyer will have an argument for every little b/s thing they try to come up with. Ultimately, it's up to the jury, though.