Dont have blood results yet but its the 2nd dwi this past jan..the first dwi occurred on march 2006..just curious to see if I can get pretrial.and I am also a military veteran who is still in reserves and a.teacher and coach as well
Each DA's office has their own guidelines for pretrial diversion. Often, a second DWI will knock the applicant out of PTD consideration. However, your work and your service to our country might make an assistant DA reconsider. Hire a local criminal defense lawyer with experience getting pretrial diversions granted.
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Usually a 2nd DWI will not qualify for deferred adjudication. However, each jurisdiction is different. Hire a criminal defense attorney in your area, and you'll get sound advice and likely achieve the most favorable outcome.
Two perameters for DAs to deny PTD is 2nd DWI and breath or blood test over .15 (also any prior arrest). You should interview and hire a competent DWI lawyer and consult with them.
It is possible. Factors like this being your first encounter with the criminal justice system, as well as the policy of the prosecutor, make this tricky, but possible. If you have never had anything above a speeding ticket, and you pass all the paramaters of your county's DA office, then you may have a shot at pre trial diversion and a dismissal.
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