How can I get a DUI dismissed?

UPDATED: Jan 3, 2013

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How can I get a DUI dismissed?

I was being arrested for DWI, and when asked to give a blood sample, I asked to speak to an attorney. The officer refused saying I did not have the right to a lawyer, then I asked about Miranda rights, he refused to read them and said I was refusing to give a sample. Were my rights violated? The police never took a breath or blood sample, is that enough to have my case thrown out?

Asked on January 3, 2013 under Criminal Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Basd upon what you have written there were no Miranda violations of your rights for the simple fact that you have not written that you made some incriminating statements to the arresting officer. The DUI charge can proceed againt you based upon objective findings of impairment. I suggest that you consult with a criminal defense attorney to assist you in your matter.

Based upon what you have written, you need a criminal defense attorney to assist you in your matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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