How many years in TDC were probated for 10 years? A plea offer will usually be X number of years, probated for Y number of years.
For example: 5 years TDC probated for 10 years. The range of punishment you would be facing would be from as little as 2 years up to 5 years in TDC. Even then, there may be other options available.
If I understand your question correctly, it is not an issue of you testing positive for alcohol when you had none. It regards your missing a test on your home device, and that is the only issue. Judges order these devices to ensure that the person placed on probation is not using alcohol. I would imagine that they will check to see if the device in your car tested positive for alcohol on the day that you missed your at home test. As long as neither device tested positive for alcohol, you should...
"I was very cooperative with the police, much to my lawyers dismay, and was very polite".
Your lawyer is the best person to answer this question. Hopefully he or she is familiar with the policies of the Bexar County District Attorney's Office. The last time I practiced there, they were very reasonable and accommodating. My advice is that you contact your lawyer first thing in the morning and discuss your concerns.
In Harris County (Houston) you would most likely get a years probation, and...
That's a shame because probation is a way of getting around the 30 days. If they would agree to punish it as a first offense, that is another way of doing it. A second offense probation carries a three day minimum jail term as a condition of probation, and five day jail term if the prior DWI was within five years of this one.
An interlock device is required by statute because you blew over .15. The good news is that your lawyer can move the court to remove it after one half of the probation period has expired. Also - the judge is not required by statute to order the interlock device installed, if the judge believes it is in the best interest of justice not to do so. Hope this helps.
I agree that it will be filed as a class B misdemeanor. Yes, the prosecutors will take into consideration the fact that you were just charged with DWI within the past two years, but they cannot use that prior DWI for enhancement purposes. If there was a prior ALR suspension , then DPS will seek either a one-year suspension if you failed the chemical test or a two-year suspension if you refused a chemical test in this case. Hope this helps.
Sometimes the device will take several readings shortly apart. What it might have been doing was looking at the BAC curve to determine if the alcohol it detected was residual mouth alcohol, like mouthwash, or alcohol from consumption. For example, if the first reading is .032, and the second reading is .00, then we could assume mouth alcohol. If on the other hand the first reading is a .32, and the second reading is .30, and the next is .285 , then that suggests you consumed alcohol which the...
If I was on my fourth DWI,I would stay far away from a bar. Too many opportunities to be in the "wrong place at the wrong time". If alcohol is causing problems in your life, why work at a job where you're tempted by alcohol every single day? I know you said you're no longer driving, but alcohol impairs judgment and I would hate to see you charged with a fifth DWI. Hope this helps.
It depends on the court, as well as the violations you have had in the past.
When it's a second offense, with prior violations (whether they were your fault or not) it is more difficult to have the device removed. How does your probation officer feel about you having the device removed ? If the officer supports your effort, they can e-mail the judge with your request. My first inquiry would be with the Court Liaison Officer for the Probation Department. I would have him or her pull your file...
I second what Mr. Mathews said. A recruiter is the best person to ask this question. The second person you should speak to is the person themselves. If they don't respect authority and don't want to turn their lives around, they wont do well in the Military. Right now, this person only has a minor Misdemeanor on their record - a dishonorable discharge from the military will totally mess their life up. Good luck.