Skip to main content

Will I spend time in jail for first time DWI if convicted with a prior charge in Harris County?

Houston, TX |

I was recently charged with First DWI .08 in Harris County. If I take this case to trial and lose will I face any jail time? My concern is missing work and getting fired. I have a Criminal Trespass conviction that was cleared through deferred adjudication in 2009 that was alcohol related.

Attorney Answers 5


It is impossible to give a definitive answer. It all depends on the circumstances of the case, the court and the jury. A judge or jury could sentence you up to 6 months in jail, although most first time offenders receive probation. You should talk to a good local DWI defense attorney such as Jim Medley, Mark Theissen or Troy McKinney to discuss your options. Houston has many good DWI attorneys.

Mark as helpful

5 lawyers agree


Talk to a Harris County criminal defense attorney about the possibility of going to jail. There are many factors that go into a sentencing decision made by a judge and your attorney will figure all of that out for you!

Good luck.

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.

Mark as helpful

5 lawyers agree


You should be asking this of your lawyer. Your chance of winning an DUI trial without experienced counsel is minimal.

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

--- Field sobriety "tests"

--- DUI/DWI/Drugged Driving with Prescription Drugs

--- Ten Days to Save Your License - Administrative Suspension and Refusals in Wisconsin

Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. 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. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. 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. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin Talking to the Police - Advice from Lawyers and Police:

Mark as helpful


What the prior does mean is that you are ineligible for DIVERT (not a big loss in my book). You really have two viable choices.
1. Save your money and plead guilty (BEAR IN MIND that this conviction will weigh on you like dragging around a complete, all iron 426 hemi, for the rest of your life), do your time, (they'll probably waive the fine (but not the court costs), and go about you biz. You'll lose you license, but when it's over, you can get it back (more complicated than you think) and live out the rest of your life, hopefully absolutely sober.

2. Bite the bullet, pay the money (not an insiginificant sum for top flite assistance) and go to war(trial) . Troy McKinney, Gary Trichter or one of the other major hit men are good. Even they are not a guarantee of success. No one can offer you that in good conscience. And people, not just the creme de la creme, win DWI cases all the time. Lots of variables.

You do not have a conviction that was cleared though DADJ. You have a charge that was cleared . . . unless it was a Class C case.

This answer is in the nature of general information only and does not constitute legal advice or the formation of an attorney-client relationship.

Mark as helpful

3 lawyers agree


Probably not unless there are other circumstances I do not know. You should get time served.

Mark as helpful

1 lawyer agrees

DUI topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics