Alcohol & Drugs: DUI, DWI DUI and had not been drinking

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jimmytx88

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On sept. 27th i was arrested for a dui and i had not been drinking. my little brother was drinking and got arrested for a mic and a pi. i did several soberiety tests and passed all of them and the officer asked me several times have i been drinking or doin drugs and i said no everytime. And he never made me blow or anything and no blood tests to prove i had been drinking. but there was a open beer and a few empty cans but they were not mine and the open one was my little bothers..
Is there anything i can do to fix this or get this dropped? what should i do or what can i do?
thanxx
 
Please state precisely what you are charged with.

As far as open container goes, at least in my state, the fact is that you were driving and expected to be in control of what is going on in your car. The open container was within reach. You are guilty of open container, if that is what you are asking.
 
Yea i live in Fort Worth tx, but this was in denton and the only thing i was charged with was a DUI but i was not drinking and it was my brothers not mine and he told the officer that so waht im asking i guess is would it be a good idea to get a lawyer and plead not guilty? because i was not drinkin at all that night i was the dd
 
Can you give us the penal code or something. You passed field test. You were never asked to test your BAC either through breathalizer of blood/urine test. Yet your charged with DUI!? Somethings not right. Were you arrested and taken to drunk tank?
 
lol yess i was taken in and everything i asked another police officer the day after and they said if your not 21 they dont have to give you the bac test and im not i am 20yr old..
 
alright thank you i was jus making sure that they cant give you a dui for jus having a open container in the car so if anything and all he should of jus issued me a mip or something right? thanx again
 
If there is no proof of consumption (no chemical test), and you were not impaired on the tests (assuming you are telling the truth and the officers concur that you "passed" the tests), then the case likely will not be pursued for DUI.

It's likely they can charge you with the open container in a moving vehicle, but other than that I don't see the state has much of a case here.

However, as you have been advised, consulting an attorney would be a good idea.

- Carl
 
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