Roosevelt, TX DWI Law Firms & Lawyers

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.

You can call the court and see if they will permit you to re-schedule it (unlikely, but you can try). Having work is not an excuse the Judge will usually accept to miss a court appearance. If you have hired an attorney, you can check with your attorney of record to see if your specific court will permit you to waive your appearance. If it is the first appearance since being charged (the arraignment) it cannot typically be waived.

If you are in California, there is very little chance for a wet reckless with a BAC of .17. If you are in another state, you will have to consult with an attorney in your state.