Allen West is angry.

https://www.instagram.com/tv/CS1ifAhAU6E/?utm_medium=copy_link

She gonna get paid if they arrested her and the breathalyzer was indeed 0.0

For people not wanting to open Instagram

We are releasing violent criminals in Texas but arresting grandmas? pic.twitter.com/zkiFzsoJIt

— Allen West (@AllenWest) August 21, 2021

probably an order from czar jenkins himself once they figured out who she was.

https://www.txdot.gov/inside-txdot/division/traffic/safety/sober-safe/intoxication.html

When am I legally intoxicated?

You are legally intoxicated in Texas when your blood alcohol concentration reaches 0.08%, but you are breaking the law as soon as drugs or alcohol affect your driving or flying or boating ability.


What did she have with the lemonade?

DWR

Driving
While
Republican

Maybe she is on legal painkillers?

Talked to West. As of 10:30 a.m. wife is still in jail. No word on when she'll be masgistrated.

.@Allenbwest2's wife arrested in jailed in Dallas. Details: https://t.co/y9EWh4pYXz

— San Angelo Live (@SanAngeloLIVE) August 21, 2021

sanangelo said:

---

Talked to West. As of 10:30 a.m. wife is still in jail. No word on when she'll be masgistrated.

.@Allenbwest2's wife arrested in jailed in Dallas. Details: https://t.co/y9EWh4pYXz

— San Angelo Live (@SanAngeloLIVE) August 21, 2021

---

We're all assuming she is innocent? Do y'all think cops are following her around waiting for a reason to pull her over?

Where's their lawyer?

Surely there is dashboard cam that will show why she continues to be held with a negative breathalyzer result 12+ hours after the incident.

But I doubt we ever get the real story outside of some he said/she said BS

Prayers for all involved, but also 48 hrs.

Isn't that how our system is supposed to work? Innocent until proven guilty?

If only she had been burning down small businesses in Dallas, she would be out of jail now.

supradave94 said:

---

Isn't that how our system is supposed to work? Innocent until proven guilty?

---

Unless you're a Republican.

Horn_in_Aggieland said:

---

https://www.txdot.gov/inside-txdot/division/traffic/safety/sober-safe/intoxication.html

When am I legally intoxicated?

You are legally intoxicated in Texas when your blood alcohol concentration reaches 0.08%, but you are breaking the law as soon as drugs or alcohol affect your driving or flying or boating ability.

---

Which is why you NEVER submit to a field sobriety test. If they think you re impaired in anyway, they can arrest you.

https://www.criminalattorneyfortworthtx.com/are-field-sobriety-tests-actually-required-in-texas/

Quote:

---

Do I Have to Take a Field Sobriety Test in Texas?

In short, no.

Law enforcement officers do not have the right to search for evidence without your consent unless they have a warrant. Field sobriety tests are a form of "searching" for evidence.

Unfortunately, you may get arrested if you refuse the field sobriety test, but this is not the law, and you should not let this deter you from refusing field sobriety tests if you are pulled over. Chances are, if an officer is asking you to take field sobriety tests, they've already decided they want to arrest you and they're just trying to get more evidence.

Don't give them any extra ammunition. Once you are arrested and charged, prosecutors have to use evidence to prove that you are guilty of DWI. Without evidence from the field sobriety test, they will have a harder time arguing that you were driving under the influence at the time of your arrest.

DWI stops can feel like choosing the lesser of two evils. Choosing to take the field sobriety test may appear to help you in the moment, but it really doesn't.

---

Two words if you get pulled over and they suspect DWI/DUI: Law-yer.

May cost you a temporary license suspension, but they won't be able to convict you of dick

They got her blood once they got her to jail.

So we will know who's lying soon

Here's a PSA for those interested.If you've had anything at all to drink before you drive, they can arrest you. Period. That .08 BAC is a "per se" legal limit, it's not an actual legal limit that determines your outcome. You can get rung up at .02 if the judge sees fit.

Also, once your feet hit the pavement for the field sobriety test, it's over. You are going to jail. Talk to any defense attorney in Texas and they'll tell you if you plan to drink at all, get a ride.

I got really lucky with campus pd my freshman year. Had been at the chicken drinking some and we decided to go to a party. Was headed to south side to grab a friend and got pulled over where the speed limit was like 15 and I was at 25 or so. I wasn't buzzed, or at least the adrenaline of getting pulled over was enough.

It was right after the state passed zero tolerance and they'd haul minors to jail for having any drinks and then driving. He asked where I was coming from and eventually got it out of me I had a few beers at the chicken. He told me to get out and I had to do the stupid human tricks, and the whole time kept reminding me this was a courtesy and he already had enough to haul me in. I even dropped my foot on the stand on one leg and count with your hands at your side test.

I'll never now why, and I was smart enough not to question, but he let me go. Not even a warning for speeding! Told me to go get my friend and he better not see me again that night. Worst part was, my friend we were going to pick up was asleep when we got there and he stayed at the dorm. But yes, I always assume if they ask you to "prove" your sober, they're already taking you in.

I bet she mouthed off to some amateur cops knowing she has a VIP husband. They prob took her in because they had a napoleon complex. This is most likely scenario.

Maroon Elephant said:

---

Here's a PSA for those interested.If you've had anything at all to drink before you drive, they can arrest you. Period. That .08 BAC is a "per se" legal limit, it's not an actual legal limit that determines your outcome. You can get rung up at .02 if the judge sees fit.

Also, once your feet hit the pavement for the field sobriety test, it's over. You are going to jail. Talk to any defense attorney in Texas and they'll tell you if you plan to drink at all, get a ride.

---

Wrong, years ago I got pulled over for suspected drunk driving. In actuality I was just tired because I had been up for nearly 24 hours and I guess I was weaving a bit. Needless to say once the sirens came on I was fully awake. The officer asked me if I had been drinking and I said no. He asked me to take a field sobriety test while my wife sat in the passenger seat. I began joking with him and did the simple test. He said ok go home and get some sleep and he let me go.

itsyourboypookie said:

---

They got her blood once they got her to jail.

So we will know who's lying soon

---

That, but trust issues exist.

Horn_in_Aggieland said:

---

https://www.txdot.gov/inside-txdot/division/traffic/safety/sober-safe/intoxication.html

When am I legally intoxicated?

You are legally intoxicated in Texas when your blood alcohol concentration reaches 0.08%, but you are breaking the law as soon as drugs or alcohol affect your driving or flying or boating ability.


What did she have with the lemonade?

---

Unless the law has changed, intoxication is an issue of FACT for the jury to decide. (No, I don't have the citations but I served on a DWI jury in Dallas County once; you'll just have to take my word for it). BAC level is EVIDENCE of intoxication but can't actually prove it as a matter of law.

With that said, perhaps there's been some changes. I know legislators go BSC when it comes to DWI laws. I rarely drink and think drunk drivers should be shot. But I hate how people's civil rights are sometimes just brushed aside in cases like this. Higher courts know all this but allow it anyway.

Bottom line: you get pulled over for suspected DWI, you're going to jail in most counties. The so-called tests are done to create evidence against you, not clear you.

DannyDuberstein said:

---

Two words if you get pulled over and they suspect DWI/DUI: Law-yer.

May cost you a temporary license suspension, but they won't be able to convict you of dick

---

Unless you are hammered, you are way better off politely complying with everything you are CERTAIN you will pass.

Walk the line, do NOT max deviate your eyes on the Horizontal Nystagmus Test. Once he lies or gives up on HNT, accept a breathalyzer like you have nothing to hide. Then lawyer up after saying you don't trust the controls/calibration of the particular breathalyzer they put in front of you. Go to jail, bail out, then request the video and audio of the entire encounter. Tell them you want a jury trial, then watch it get dismissed. Pay a lawyer if you want them to admin it and get the arrest expunged later. Cops can't use their reports to convince a jury when you got video that raises a ship load of doubt.

Clay Jenkins all over this

Goodnight Irene said:

---

I got really lucky with campus pd my freshman year. Had been at the chicken drinking some and we decided to go to a party. Was headed to south side to grab a friend and got pulled over where the speed limit was like 15 and I was at 25 or so. I wasn't buzzed, or at least the adrenaline of getting pulled over was enough.

It was right after the state passed zero tolerance and they'd haul minors to jail for having any drinks and then driving. He asked where I was coming from and eventually got it out of me I had a few beers at the chicken. He told me to get out and I had to do the stupid human tricks, and the whole time kept reminding me this was a courtesy and he already had enough to haul me in. I even dropped my foot on the stand on one leg and count with your hands at your side test.

I'll never now why, and I was smart enough not to question, but he let me go. Not even a warning for speeding! Told me to go get my friend and he better not see me again that night. Worst part was, my friend we were going to pick up was asleep when we got there and he stayed at the dorm. But yes, I always assume if they ask you to "prove" your sober, they're already taking you in.

---

Username checks out.

Quote:

---

Unless you are hammered, you are way better off politely complying with everything you are CERTAIN you will pass.

Walk the line, do NOT max deviate your eyes on the Horizontal Nystagmus Test. Once he lies or gives up on HNT, accept a breathalyzer like you have nothing to hide. Then lawyer up after saying you don't trust the controls/calibration of the particular breathalyzer they put in front of you.

---

Nobody is certain to pass those tests, unless they are a cop, prosecutor, or defense attorney who does enough DWI cases. The whole point of the tests is that they set people up to fail.

Furthermore, the officer usually gives rote and monotone instructions while the cars are whizing by. Listening to instructions is difficult for most people.

The worst is the walk and turn. The officer will not even fully demonstrate the turn portion. That is where most people mess up.

Sounds like Greg is scared of his primary opponent.

Clay Jenkins may be a POS, but I would want more information before jumping to Allen West's side. She could be on prescription meds that for whatever reason, reacted badly last night.

Need to see video and bloodwork.

Finally, most places have a magistrate judge who comes every morning to set bonds. I would want to know why she was not magistrated this morning. But, they get a presumption of reasonableness within 48 hours, as another poster pointed out.

Maroon Elephant said:

---

Here's a PSA for those interested.If you've had anything at all to drink before you drive, they can arrest you. Period. That .08 BAC is a "per se" legal limit, it's not an actual legal limit that determines your outcome. You can get rung up at .02 if the judge sees fit.

Also, once your feet hit the pavement for the field sobriety test, it's over. You are going to jail. Talk to any defense attorney in Texas and they'll tell you if you plan to drink at all, get a ride.

---

I recently spoke with a criminal defense lawyer in College Station. Since uber and Lyft came to town, he has lost half of his DWI revenue. Still knows that's an overall good thing.

She was aWested?




Proud to have the worst post on this thread

SociallyConditionedAg said:

---

Sounds like Greg is scared of his primary opponent.

---

Ok

If you are too drunk or unfit to do a simple walk and turn, then yeah lawyer up. Otherwise, it's pretty simple to provide evidence to a jury that you aren't drunk, via that test.

People forget that what you say and do can also help you...IF you are smart and know what you are up against. You don't have to pass the bar to muck up a cops case against you.

Exactly. Listen to thirdcoast

Signed,

The DWI Defense attorney association