Fulshear, TX DWI Law Firms & Lawyers

The results of the portable breath test are not admissible in court so they have no evidence with that. I'm really surprised that you were not arrested, but it is unlikely you will be arrested now since they let you go.

The answer depends on a couple of things: (1) what court are you in? (2) is there a non-alcohol-related explanation for the high blow into the GI?  Don't make the mistake of thinking that compliance with all other terms will do you any good. As a particularly crotchety old Judge growled at me once: "It only takes one [violation]!"  Your probation can be perfect. But, if the reason your GI blow was high was because you were drinking, you should expect bad things to happen with your probation.

Legally, there would be two ways to advance the argument you are making. The first would be in the form of a motion to suppress the arrest based on a lack of reasonable suspicion/probable cause to make the initial stop. If that argument failed, it could be possible to submit the same argument to the jury, by way of a specific request for a jury instruction, or a 38.23 instruction. Then, of course, there is the fight over whether the DWI is a good arrest. Even if you admitted to having drinks, I wouldn't throw in the towel on that argument. Remember, DWI is an opinion crime: in the officers opinion, based on the totality of the circumstances, he/she believed you had lost the normal use of your mental/physical faculties. Lastly, unless you were cited for DUI (i.e. under the age of 21) this is not a "ticket." A charge for DWI carries some pretty serious potential consequences, up to and including 6 months in County jail. So, while it is certainly a good idea to post questions and seek advice, I would caution you againt the idea of confronting this kind of case without a good defense lawyer.