How does this work?

2 views 3 answers
I was charged with dwi , but had no alcohol in my system. However , I did have benzos and thc according to a blood test that was taken from me at the hospital that same night. But I don't see how can I be charged from blood work??? Like everything depends on what you eat, weigh and drink so how can they charge me with blood work that could be dated back weeks or days from then. This situation jus feels off.

Attorney Answers

3
Julia Simmons ·
Well, The officer is trained in the signs of objective intoxication and will use your driving patter and performance on any FSTs to determine your intoxication along with an expert to say the amount of benzos you had in your system was enough for intoxication. Else, no one would ever be arrested for ANY type of dui.,
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Penny Wymyczakwhite ·
Retain a lawyer. If they got warrant for your blood and have pc you can be charged . If test comes back no alcohol they will send it for drug testing.
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David Daniel WhiteCriminal Defense AttorneyAustin, TX ·
At the end of day the State has burden of proving beyond a reasonable doubt that you did not have full use of your physical or mental faculties due to the ingestion of something, whether it be alcohol or something else. Probably best not to discuss facts or make any admissions on a public forum, however. Feel free to call me directly and we can discuss in further detail. - David White
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