First DUI Charge in Texas

[goosehack]

My question involves criminal law for the state of: Texas

A friend of my was pulled over for speeding. According to the cop he was going 10 over but never saw the radar. He told the police he was going home and the police said he smelled alcohol. He agreed to i had previously drank so the officer handcuffed him and took him to jail. They never gave him a field sobriety test or breathalyze him and just took him in. He told the officer he had 2 beers at around 10 o'clock and it was 4 in the morning when he was taken in. He has never had any ticket, not even speeding. He is under age (21st birthday in a month) so agreeing to drinking the officer took him in and gave him a DUI but i don't think there is enough proof and evidence. He also had 3 other IDs with him that he found including one thats a girl and one thats expired, he told the officer to just sent them back because he found them and had no use for it. The officer didn't say anything about the IDs. Also the officer lost his phone and wallet, when after he asked the officer in the car if he would get his stuff back and the officer said yes. He said the officer put the wallet back in the car and the phone was still there when the officer told him to get out, and of course they towed the car, so pretty much the officer not taking the property with him ended up losing it cause the tow people probably stole it. But I don't think they had enough proof to arrest him and I don't think they officer followed the right procedure. Oh and the officer said he didn't want to breathalyze him when they got to the station is cause he wouldn't get his license suspended.

Also its his first offense for anything, can this be taken off his record? Please HELP!! We don't know what to do cause we've never got into trouble.
and also how much would everything cost around?? He paid about 500 for bail and tow already...
also what are the consequences that he can face and if he should an attorney for this case??

[flyingron]

How old is he?
What exactly is he charged with?

It's going to cost him several thousand by the time this is through.

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If he is charged with the zero tolerance violation, he can be guilty based solely on the fact he admitted to drinking anything.
This crime is a class C misdemeanor, punishable by a fine up to $500, Attendance at an alcohol awareness class, and 20 to 40 hours of mandatory community service.
There is also 60 days driver's license suspension. The minor would not be eligible for an occupational license for the first 30 days.
A lawyer might not be a bad idea. This is going to cost him several thousand dollars by the time he gets through with it.
If he's convicted, this isn't EVER coming off his record.

[PTPD22]

A friend of my was pulled over for speeding. According to the cop he was going 10 over but never saw the radar.

The cop is not obligated to show him the radar reading.

He told the police he was going home and the police said he smelled alcohol. He agreed to i had previously drank so the officer handcuffed him and took him to jail. They never gave him a field sobriety test or breathalyze him and just took him in. He told the officer he had 2 beers at around 10 o'clock and it was 4 in the morning when he was taken in. He has never had any ticket, not even speeding. He is under age (21st birthday in a month) so agreeing to drinking the officer took him in and gave him a DUI but i don't think there is enough proof and evidence.

What statute was he actually charged with? Texas differentiates between DWI (BAC over 0.08) and DUI (person under 21 driving after consuming alcohol). For DUI, the smell and admission is enough for arrest and conviction. They would only need field sobriety and breath tests for a DWI.

However, understand that he can be charged with BOTH DUI and MIP (minor in possession of alcohol) for the same incident!

He also had 3 other IDs with him that he found including one thats a girl and one thats expired, he told the officer to just sent them back because he found them and had no use for it. The officer didn't say anything about the IDs.

Your friend should be much more concerned about this little detail! It is likely that he is now being considered for charges of possession of stolen property or even identity theft crimes!

But I don't think they had enough proof to arrest him and I don't think they officer followed the right procedure.

Well, it sounds to me like there was plenty of proof for a DUI/MIP and the officer followed exactly the right procedure.

Also its his first offense for anything, can this be taken off his record?

Taken off his record? Not likely. However, he will likely be offered a diversion program for a DUI and/or MIP charge. That would entail a fine, drug/alcohol classes, probation, and probably a license suspension. In exchange for successfully completing the diversion program, the charges are dismissed. There is still a record and any future violations will still count as a second offense.

However, if charges get filed for possession of stolen property and/or ID theft, he should retain a lawyer immediately.

[goosehack]

he is 20 years old and the officer gave him a citation for DUI that was it written on the ticket