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Is Obstruction of highway-intoxication really a better conviction than a DWI? Why or why not?..In Bexar county, Texas

San Antonio, TX |

I'm curious about whether getting charged with obstruction of highway intoxication in Texas is really better than getting a DUI / DWI. Or is it just more of a trick used to deter people from going to trial?

Attorney Answers 3


  1. Getting convicted for obstruction of highway intoxication is MUCH better than a DWI & all the repercussions regarding a DWI including a 3rd DWI is a felony, license issues, surcharges on the license, potential effect on employment where the job requires driving, etc.

    It is certainly a good enticement not to go to trial on a DWI. Generally obstruction of highway is only offered on cases that are not good for the State, and sometimes on some that are good but the offender is a first offender and the facts are not too bad.

    BUT, a not guilty or a dismissal is obviously better than taking an obstruction of a highway.

    When given this kind of choice - it is kind of like gambling because there is not absolute answer but you must choose.

    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.


  2. Just by the title of the offense, yes, not having a conviction for DWI is a good thing, but obstruction of highway intoxication will carry some of the same stigma as a DWI. If you can fight the whole thing and think you (or your attorney thinks you) can win, then you need to make the calculations of how much you're willing to risk.

    At the end of the day, the conviction has a better name and carries less stigma than DWI.

    Although my intent in answering this question is to aid you in the legal process, my answer does not establish an attorney-client relationship in any way. You should seek the advice and counsel of a qualified attorney in your community to evaluate your legal needs and to advise you. No Attorney-Client Relationship is created without the specific intent of both parties.


  3. Is the State offering deferred adjudication on the obstruction of highway intoxication charge? That is typically a good deal because of the potential to have a Petition of Non-Disclosure granted in the future. You should verify with your attorney what exactly is being offered.

    Legal disclaimer: Although my intent in answering this question is to aid you in the legal process, my answer does not establish an attorney-client relationship. You should seek the advice and counsel of an attorney in your community to evaluate your situation and to advise you. No Attorney-Client Relationship is created without the specific intent of both parties.

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