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How should I plead in a car accident case in which a DWI was issued to me?

Houston, TX |

My car swerved due to gravel on the road, animal remains, and possible flat tire. In overcorrecting vehicle I entered oncoming lanes and was struck by two vehicles. Totalled all cars involved. Only minor injuries sustained by drivers. My passenger and I were lifeflighted and had to have stiches. I was hit in the temple and unable to remain conciousness. The nurse obtained a blood test from me saying that they needed it to confirm my blood type. Was not given a copy of any citation. This was my first major accident. And it occured shortly after setting off for home from a vacation that I have taken annually.

Attorney Answers 4


  1. I would recomend removing this post and hiring an attorney immediately. AVVO posts are not privileged and you have included many facts regarding your case.

    You must consult with a local criminal defense lawyer who can fight your DWI case. Do not speak to the police or prosecutor without an attorney. Houston is full of great DWI attorneys, including many who frequent AVVO. Schedule as many consultaitons as possible.

    How to proceed in your case is beyond the scope of an AVVO answer. I can tell you that you should never plead guilty without a lawyer present.

    You should be aware that you only have 15 days post arrest to request an ALR hearing. ALR hearings are very important to the proper defense of a DWI case.

    Quit reading AVVO, and start interviewing attorneys post haste.


  2. Do not post any details online because of potential self incrimination problems. Get a criminal defense lawyer on your side. Your lawyer will tell you not to speak to the police. Everyone has a freedom against self-incrimination but an online site like this one is not private. What you post here may be used against you. No one can say what the evidence is against you so at least remain silent and do not incriminate yourself without speaking to a lawyer.

    Read my Legal Guide "Internet Privacy - Not!" if you think it might be helpful.

    http://www.avvo.com/legal-guides/ugc/internet-privacy---not

    You need a lawyer so get one. ASAP!

    Read my Legal Guide "What is the Right to Remain Silent?

    http://www.avvo.com/legal-guides/ugc/what-is-the-right-to-remain-silent

    You might find my Legal Guide helpful " What Do I Tell My Lawyer?"

    http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

    Online we cannot know what the other details are going on in your case because online we cannot find out those details. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.


  3. You have multiple issues and you should take immediate steps to hire a lawyer that is qualified and capable of handling blood DWI cases. Not every criminal lawyer can handle DWI's and only certain, top notch lawyer's handle blood DWI cases. These are very complex and require an understanding of the science of blood tests and familiarity with lab procedures and guidelines. Everything you listed in your email as a reason for your accident WILL NOT MATTER to the prosecuting attorney. They only need to hear, you drank alcohol, and then you drove. They will let the jury figure out the rest.
    Regardless of how well or how poorly you think you performed, you are not qualified to make the decision as to whether or not you are guilty of the offense. Only a experienced, qualified lawyer that has handled numerous DWI's knows all of the defenses and can handle your case.
    My suggestion is to hire the best lawyer you can, very quickly and DO NOT TALK TO THE PROSECUTOR OR POLICE without that lawyer being present.


  4. "Not guilty."

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