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Can I get a felony DWI reduced to a misdemeanor? It was for having two 13 year olds in the truck at the time of the arrest.

Pasadena, TX |

DPS were stopping people and checking for intoxication on July 4th .I refused the breath test but took the blood test. Maybe 1.5? Have not received results yet. No arrest since 1989.

Attorney Answers 4


  1. Probably not, but get a top DWI lawyer to make his best pitch for you. If you were arrested for DWI before, it will really be hard. The higher the blood test, the worse your case will be.


  2. Going to be a difficult proposition given the circumstances, you should retain a criminal defense lawyer to make the pitch for you, good luck.

    The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Theodor Kapun and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney.


  3. Anything is possible. The likelihood that the State drops it to a misdemeanor will depend on whether they have a strong DWI case against you or a weak one. There is no way that anyone on this forum can give you an educated guess without reviewing all the evidence against you. You should make an appointment with a criminal defense attorney in you area that can give you a better idea. Good luck to you.

    Legal disclaimer: My answers are only intended as general legal advice based on my experience. They are not intended to be a binding legal opinion nor to create an attorney-client relationship.


  4. As Mr. Montes stated, anything is possible and no one here can accurately predict such a thing. It all depends on the evidence that the State has against you. You should certainly hire a criminal defense attorney who practices in the Houston area to represent you. They will evaluate the evidence and advocate for the best result. You should set up an appointment with a local criminal defense attorney as quickly as possible because there are deadlines involved in every DWI case - the first one ends 15 days after your arrest. Good luck.

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