Re: First DUI Charge in Texas
The cop is not obligated to show him the radar reading.
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!
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!
Well, it sounds to me like there was plenty of proof for a DUI/MIP and the officer followed exactly the right procedure.
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.
Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.