When people know that they are going out drinking it is always a good idea
to have a designated driver that is not going to drink. When a designated
driver is not available a person should opt for a cab in order to avoid
a DWI arrest.

A
California couple trying to avoid a subsequent DWI arrest or conviction used the wrong designated
driver…a 13 year old boy! The boy was able to drive for a while until
“he was freaked out” and stopped in the middle of a street.
Amazingly, there was not an accident, nor was anyone hurt. The couple
will avoid a DWI conviction, but the woman was charged
with the misdemeanor counts of child endangerment and contributing to the
delinquency of a minor. In Texas the charge of child endangerment is a
felony which is much more serious than a misdemeanor.

Getting a DWI dismissed in Texas is difficult but not impossible.  Deetrice Wallace, a Department of Public Safety contractor who faked inspections of alcohol breath testing devices was convicted and sentenced to one year in the State Jail for Tampering with a Government Record. The door is now open for anyone that was affected by her malfeasance to seek a review of their case and quite possibly have their charges dismissed even if they have previously been found guilty. The Harris County District Attorney’s Office is stating that over 1,200 cases will be revisited.

Furthermore, they admit that most of those cases are gone including Felony DWI cases. Also, on a person’s side is that it is likely that the videotape of the DWI arrest has been destroyed since they are routinely destroyed a short time after all court proceedings are concluded. This may be the first time that taking a breath alcohol test ends up with a DWI case in Houston, Harris County, Texas being dismissed. The Harris County District Attorney’s Office is set to start contacting the defendants that may be eligible to request a new trial in the near future.