I graduated from nursing school and i got into a wreck and collided with a pole. I consented to a breathalyzer, score of 0.047. What should I do in terms of not having this on my record? I have a court date on the 5th of December! What should I do to keep my record clean?
The best way to fight a DWI case in Texas is by hiring a lawyer. You need to hire a lawyer, and it would probably be in your best interest to speak to a lawyer that handles DWIs before December 5. It is important to have a lawyer there with you so that you are as comfortable as possible. If you do not have a lawyer on the 5th, the court will allow you time to hire a lawyer, or appoint one for you, and order you to come back to court in roughly a month. Your breath reading is under the legal limit, so the government will allege you lost the normal use of your mental or physical capacities. Feel free to contact me.
You need an experienced DWI lawyer to represent you in your case. Call a few in town before your court date. Many offer free consultations. Then hire the one who you best believe can represent you in your case.
There's a common theme to answers on this site. Hire a lawyer. The only way you can keep your record clean is to either win at trial or convince the prosecutor to dismiss the charges. This will not happen without a lawyer.
Perhaps no charges will be filed give your approximate BAC of .05%. Consider retaining a local attorney to answer the many questions that will surely arise with respect to the DUI and your application for a nursing license. Beware the questions that will accompany your application for a license.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
You will need an experienced criminal defense lawyer to help you. The fact that your BAC was below a .08 will be very helpful, but not necessarily dispositive. Alcohol level is only one of the three ways the DA can prove intoxication. But it could be quite persuasive to a jury trying to decide the other two. The accident will frustrate things, since the DA's Office is more reluctant to dismiss cases involving an accident. You need to sit down with a couple of different lawyers and discuss your case. Once you've talked to a few, you will be able to make an informed choice about who should defend you.
We don't have any attorney-client privilege yet (this is a public forum). To have a privileged conversation and/or establish an attorney-client relationship, contact me through this site or my website.
Without a doubt do not plead this case out to any DWI charge. You need to contact an attorney who is experienced in DWI law. Unless this case involves multiple intoxicants, alcohol, prescription drugs or illegal drugs (marijuana etc) your test sore reflects a number that should result in either a reduction of the charge or not guilty from a jury 95% of the time. Additionally, only a dismissal or not guilty will allow you to remove the criminal arrest from your record. If you plead, even to a lesser or different offense you will not be allowed to have your records expunged.
Sign up to receive a 3-part series of useful information and legal advice about DUIs.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline