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What considerations will a judge or DA take into consideration when setting sentencing or offering a plea bargain for 2nd DWI?

Corpus Christi, TX |

I am a disabled veteran (Medic). When I left the military I came back with PTSD and had an alcohol problem. The DWI arrest was over 1 year ago, since then I have been a full-time student and make high grades (Dean's list), active in my daughter's life, and have made efforts to prevent this from happening again (quit drinking). I no longer indulge in alcohol, have followed all court orders (maintained interlock device), been present at all scheduled hearings (constantly reset the day of court), and have found other more beneficial activities and individuals to occupy my time with. Will/should any of this be taken into consideration during the sentencing/plea bargain proposal phase?

Attorney Answers 5


  1. Provide documentation of all of these facts to your attorney. She will use it in negotiations with the DA to get you the best deal possibly--assuming the case needs to be pled and she cannot find a way to get it reduced or dismissed.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.


  2. Do you have a criminal defense attorney? If not, you need one!!

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  3. You need qualified defense counsel. Whether that is by retaining counsel or seeking court appointed counsel is a matter of your financial condition, but you absolutely need counsel.


  4. The very first thing you need to do is speak with an experienced local DWI defense attorney about both the merits of your case and if you would be a good candidate for getting your case moved to the Veterans Court of your county, if possible.

    A DWI charge is a very serious matter and needs to be dealt with appropriately. But for honorably discharged veterans who have served in combat zones, the State of Texas and the United States Veterans Administration have truly stepped up their game in the past 5 years to offer treatment opportunities to assist soldiers. This type of program is NOT available in every county. Nor will it allow you to fully escape criminal responsibility for your actions. However for the correct person who has a strong history of good moral character and is not afraid to take responsibility for their actions, it is a court recognized viable alternate to treatment option that can save lives.

    Good luck to you and thank you for your service to our country.
    Martin Zimmerman

    Martin Zimmerman, P.C. 189 E. San Antonio St. P.O. Box 310704 New Braunfels, Texas 78131-0704 Tel: (830) 606-7886 Fax: (830) 627-2890 The information contained in and transmitted with this e-mail is: 1) Subject to the Attorney-Client Privilege; 2) Attorney Work Product; or 3) Confidential It is intended only for the individual or entity designated above. Any distribution, copying, use of, or reliance upon the information contained in and transmitted with this facsimile by or to anyone other than the recipient designated above by the sender is unauthorized and strictly prohibited. If you have received this e-mail in error, please notify Martin Zimmerman, P.C. by telephone


  5. Disclaimer: I am not licensed in Texas and information on how DWI's are handled usually varies to a degree even by different jurisdictional parts of Texas. That is why it is also the best idea to get an experienced local DWI attorney that knows the judges and knows the local procedure.

    That being said:

    Yes, usually all of it will be considered in terms of a sentencing. It is common for a DUI/DWI attorney on a second offense or greater to produce a pre-sentencing report or make an oral statement on the record for the court to consider in terms of sentencing. A copy of this report is also given to the prosecution. I want to differentiate this from felony pre-sentencing report usually those are mandatory this just happens to be a way to provide the court a better look at you as a person. It shows all the things you have done to take accountability for your actions and received treatment for your problem.

    Now this could be premature as you didn't say you had been convicted yet or even if you are likely to be convicted. A second DWI is a very serious matter. I sure hope you have an experienced DWI/DUI attorney on your side, if not get one if you can't afford one check with your local VA or one of the many military support groups in Texas for assistance. You can contact Texas Lawyers for Texas Veterans: http://www.tyla.org/tyla/index.cfm/projects/texas-lawyers-for-texas-veterans/ maybe they can help. Maybe they can provide more assistance if you don't have an attorney.

    Make sure you continue with any treatment program you are enrolled in. Best of luck!

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