Should I bother with getting a lawyer? Will I go to jail?

Asked over 1 year ago - Austin, TX

I was arrested and charged with a DWI I did not give a specimen of my breath or blood. I am 17 years old, as I recall I declined being drunk, but I did say I inhaled a white powder through my nose. They asked if it was a drug, I said I did not know, I was not being honest with the officers, I was really scared. Their was never any white powder please help! This is also my first offense. I am not sure what to do, should I contact lawyer or not, I am a senior in high school and I am looking forward to college next year, but I am afraid they will sentence me to jail time, which essentially ruins my life. Any suggestion are very helpful.

Attorney answers (7)

  1. Macy Michelle Jaggers


    Contributor Level 20


    Lawyers agree

    Answered . Anyone charged with DWI needs an attorney experienced in handling these cases. They are technical cases and there are many ways to beat them. Whatever happens with the case, your life will not be over. But you do need someone who knows what they are doing to do everything possible to protect your record by getting the case reduced or acquitted. Most defense attorneys offer free consultations. Start calling around to find out about fees and payment plans.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Diana Elizabeth Buss


    Contributor Level 10


    Lawyers agree

    Answered . Yes, you need an attorney. A DWI is not the end of the world but you do have your whole future ahead of you and you need an experienced attorney to help you through this process. I'm glad to hear that you refused to give a specimen of your breath or blood, however, it sounds like you did admit to some sort of drug use. After reviewing your video and facts of the case, an attorney will be able to tell you your strengths and weaknesses. Don't hesitate, you definitely need an attorney.

  3. Richard Timothy Jones

    Contributor Level 17


    Lawyers agree

    Answered . I have represented persons charged with DWI's in Austin for 20 years. It's not the end of the world but you need a lawyer. You need one sooner rather than later. You are not necessarily looking at jail time. In fact most of my clients charged with first time DWI's never do any jail time other than their initial arrest.
    Austin Jail Release and Bond Assistance
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  4. Parker Price Polan

    Contributor Level 13


    Lawyers agree

    Answered . You need to consult with a local criminal lawyer to explain what to expect during this process.

  5. Charles K. Kenyon Jr.

    Contributor Level 20


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . You already have answers from fine Texas lawyers. As someone you CANNOT hire for this, I join them in saying that absolutely you need to be consulting a lawyer, now.

    Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.

    That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.

    Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!

    After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.

    You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.

    That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.

    If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
    Thank you.

    --- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin

    --- Facebook Page Madison (Dane County) Wisconsin Drunk Driving / OWI / DWI / DUI Lawyer

    --- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer

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    --- Which Offenses Count as Priors in Wisconsin? - Madison Dane County Wisconsin DUI OWI Drunk Driving Lawyer answers

    --- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin


    Confidential information should not be disclosed in this Internet forum.

    I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.

    If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.

    To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.

    This AVVO Answer is provided for general educational purposes only.

    See “more” link below for more important information about this answer and AVVO.

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  6. Keith G Langer


    Contributor Level 19


    Lawyers agree

    Answered . You need an attorney. It IS that simple.

    If you cannot afford one, the court will appoint one for you. If not, you need to retain an attorney. The TX and Austin bar associations can provide referrals.

    The foregoing is for general information purposes and does not establish an attorney-client relationship.
  7. Stephen Neil Foster

    Contributor Level 15


    Lawyers agree

    Answered . You need a lawyer.

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