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How probable is it to get a Class A Misdemeanor DWI to be dismissed? This is the Initial charge, I have not been convicted yet.

El Paso, TX |

I was driving on a road, hit a dip too hard, lost control of the car and flipped over. The police arrived shortly after. They gave me the mandatory sobriety test and asked me if I was hurt. I told them I only had some scrapes and bruises and had hit my head, therefore my balance was not too good, I also let them know I had drank 3 to 5 beers. They took me in to the police station and gave me the breathalyzer test where it showed my BAC to be .5. I was bailed out and pleaded not guilty on my court while inside of the County Jail. I am not waiting for my court hearing to arrive. I really want to know what the chances of getting this dismissed or at least the misdemeanor charge dropped down to a class B or C are, thank you.

Sorry I stand Corrected I was charged with a Class A Misdemeanor. OFFENSE: DRIVING WHILE INTOXICATED BAC >= 0.15

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Attorney answers 3


Did you blow a 0.5 or a 0.05? i doubt you blew a 0.5, because that would likely mean you died of alcohol poisoning. So I'm going to assume you blew a 0.05 for the remainder of my answer. The fact that your BAC is under 0.08 is a favorable fact in your case. However, in order to give you an opinion on the likelihood it will be dismissed, I would have to see the video myself and review the state's file. The video is important because even if you're under a 0.08, the state can still provide intoxication by showing the jury that you lacked the normal use of either your mental or physical faculties. How will they try and do this? The video. Another problem will be extrapolation. For example, if you blew a 0.05 several hours after the accident, the jury may infer that your BAC was higher at an earlier time. There are things a good defense attorney can do to prevent a jury or prosecutor from extrapolating in this manner, which is why you need a good attorney who practices DWI defense regularly, with a good track record of dismissals. But every case is different, and a lawyer's ability to get a dismissal or acquittal depends on the facts of your case, the court in which you land, the prosecutor who holds your file, and your attorney's reputation for being a fighter rather than a "plea" attorney.


With a .05, you've definitely got a case that should be fought. Consult with a few locally experienced DUI attorneys and hire the one that is the best fit. Good luck.

Jasen Nielsen


See my answer to your previous question.

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