Pulled over for running a red light. Failed sobriety test miserably (could not recite alphabet or walk properly). Gave police a bit of a hard time and got out of cuffs while in car... Only charge listed is dwi over .15 (no traffic violation or resisting), but surely video shows everything. Blew over .015% at the station. What are most likely repercussions? Could obstruction of highway be offered? Need to hire lawyer or take court appointed? 1st offense, no criminal record.
You must hire an experienced DWI attorney right away. You only have 15 days from the date of your arrest to request an ALR Hearing or your DL will be automatically suspended for 90 days by DPS. You will be charged with a Class "A" Misdemeanor, which carries a punishment range up to 1 year in the County Jail and a fine up to $4,000.00. You are fortunate they did not charge you with Resisting Arrest in addition to the DWI. DO NOT try to handle this matter on your own. Your attorney can request all of the police reports, video and audio tapes, breath tests, statements you made, etc. He can advise on whether there are grounds for a Motion to Suppress the evidence. He can also request all records on the maintenance and testing of the breathalyzer, as well as the records of the training and certification of the BT Operator and Technical Supervisor who maintains the BT machine. With all of that info, there may be grounds to suppress the BT results. GOOD LUCK!!
If you can afford it hire an attorney. You have 15 days from the arrest to request an ALR hearing. No matter how bad you think they have you an experienced attorney may be able to help.
Whether or not you are offered an obstruction plea is a matter of prosecutorial discretion. Any plea agreement will probably result in probation, but I, of course, cannot guarantee that. A typical plea deal for DWI over .15 involves 1-2 years probation, DWI-ed course, victim impact panel, TAIP (treatment alternative to incarceration program), ignition interlock, driver's license suspension for 6 months, community service, fine, and court costs.
In my experience an experienced criminal defense lawyer may be able to get you Obstruction of a Highway depending on your criminal history. I have successfully been able to do this in the past.
You need to consult/hire a local attorney. If you cannot afford one, request a court appointed attorney. This can have very serious consequences for you.
The present policy in bexar county is not to offer an obstruction of highway for DWI enhanced. The possibility exists however to have the enhancement charge dropped to just a straight DWI. I have been able to do this on a number of cases in bear county. most San Antonio attorneys like myself will offer a free and Mischel consultation to discuss your case and go over your options
I agree with Gary that under the current policy you would not qualify for an obstruction but many things can be accomplished and there is going to be an administration change at the end of the year. You need to hire an experienced dwi attorney such as myself to help you. Additionally, you need to also consider the 15 day deadline to try to contest your license suspension at an ALR hearing.
You bet you can still do an Obstruction with a BAC above .15, but it is a lot harder. I agree that we cannot guarantee results, but I have done it in the past.
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