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DUI first offense,.stopped due driving slowly on highway. Is plea bargain, dismissal possible at all ?

Plano, TX |

Hi,
I was stopped by police in plano yesterday because off duty cop called to report that i was going at 20 on the highway, which was untrue. On being asked, i told him the truth that i had 1 shot , and 4 beers , the last being around 11 pm that night (it was 2:40 am at that time). I then performed the three field tests .
He came back and asked for breathalyser. My first try did not register in the machine, I panicked and refused . I was taken into custody and the officer told me that I had failed the first HGN field test. I wasnt driving incorrectly when officer stopped me, should i contest this dui ? Does my case have a chance for dui dismissal or a changing to a charge other than dui (even if same level severity)?

Attorney Answers 4

Posted

Plano and Collin County are aggressive in the enforcement and prosecution of DWI offenses. Generally, once filed as a DWI the DA's office will not change the charge some other non-alcohol related offense and generally will not dismiss filed DWI charges. Clients are often confronted with the unfortunate choice to accept a plea bargain to DWI or proceed to trial on this case. However, despite the emotional burdens and stresses, clients often fair much better through the trial process. I would recommend you contact an experienced DWI lawyer in Plano.

Additionally, you should consider meeting with an attorney quickly as there is a high likelihood that your DL is subject to suspension. In order to protect your driving privileges, you must act within 15 days of the arrest.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. I invite you to contact me and welcome your calls, letters and electronic mail. Contacting me does not create an attorney-client relationship. Please do not send any confidential information to me until such time as an attorney-client relationship has been established.

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Posted

You call this a DUI, which is a special offense applying only to minors in Texas and is a zero tolerance case. If this is the real charge, it will be harder to win, but the penalties are much less than a DWI. In any event, whether it is a DUI or DWI, it needs a close look, because the reason for detaining your vehicle may not survive a close exam and result in dismissal of your case. If this is a DWI, your case should be prepared for trial. Yes there is a chance that a DWI could be dismissed and maybe won at trial. As mentioned above, Collin county is either dismiss or trial, so find a very experienced DWI lawyer who has handled many cases in that county, It is very different than Dallas, Denton or Ft Worth.

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Posted

You should hire a lawyer this week because there are driver's license repercussions for refusing the breath test. (There is a difference between DUI and DWI so it is difficult to provide you with precise answers.)

It is very possible to beat the case in a trial. While they may not be willing to work the case out for an other than DWI conviction generally, the threat of a trial in a case that could be won might change their minds. Moreover, you might be able to win a trial. A lawyer needs to evaluate the entire case. Be sure to hire someone who either focuses their practice on DWI or tries MANY DWI cases. They are very technical and require a lot of knowledge to cross examine the cops.

Although I have answered the question to try to help you, you should consult with a lawyer in your area in person on the matter. In addition, my answer does not establish an attorney-client relationship between us.

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1 lawyer agrees

Posted

If you do not contest the DWI, you will be convicted and faces jail/probation, fines, license suspension, points on your driving record, and $1,000 surcharge per year for three years to keep your license. An experienced DWI lawyer can review the evidence for you. If there are problems with the legality of the stop, a motion to suppress can be filed, and if granted, the case is dismissed. Your statements to the officer will hurt. Never make statements. I know you were trying to be honest. It is best to politely decline to answer incriminating questions. If you performed well on the field sobriety tests or do not appear intoxicated on video, your case can be dismissed. The HGN tests can also be challanged if not done correctly. Lastly, you have 15 days to request a hearing to prevent suspension of your driver's license by calling 800-394-9913 or 512-424-2600. Good luck! M. Irene Wilson

My answer is for informational purposes.

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