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I was charged with a dwi in texas what should i expect in court?

El Paso, TX |

i was driving into a gas station and was leaving and hit a vehicle the damage is very minor just a paint abrasion the officer asked if i had been drinking i said yes one beer. he did the pen test and i passed it and said that i am being arrested for a dwi. also he asked me if i wanted to take the breath or blood test and i said the blood and signed the form but never got the test done so i was sent to the county jail. I was bailey out and i got the paper back where i had signed for the breathalizer or blood test and it stated that i had refused it and he marked me as an adult when i am a minor.

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Attorney answers 4

Posted

You are not a minor if you are 17 or older - you are an adult. However, if you are charged with DUI - that is driving with ANY alcohol in your body because you are until 21 - and, unfortunately, you confessed to this offense. DWI means loss of the normal use of your mental and / or physical faculties due to the introduction of an intoxicant.

You need to hire a lawyer who can check into the credibility of the officer and watch the video with you. You only have 15 days in which to request a hearing on your license suspension matter, and your lawyer might want to use that hearing to gather evidence. Hire a lawyer ASAP.

Cynthia Henley
713-222-1220

Asker

Posted

so there is no doubt that my license will be suspended?

Cynthia Russell Henley

Cynthia Russell Henley

Posted

If you are convicted, there is no doubt. If you lose the ALR hearing, tehre is no doubt. Hire a lawyer.

Posted

When you go to court,tell them you need time to hire your own lawyer. You need an experienced DWI lawyer who is familiar with the courts in El Paso. Ask the court staff who they would hire if they were charged with DWI. Court staff are a great resource. They have a front row seat and have seen many local attorneys in action.If this is your first court appearance, the Court should give you additional time to interview and hire your own lawyer. Finally, because there was a
"fender bender", you may be given "bond conditions". What that means is that a judge may order you to abstain from using alcohol or drugs while out on bond, order an ignition interlock, random urinalysis, etc., etc...
Your local DWI lawyers can tell you what to expect. Good Luck ! I hope this answer helps.
Merry Christmas !

My answer is based upon the limited amount of information available at the time of writing.I am a Texas DWI Lawyer. If possible, hire an attorney who is a member of the National College of DUI Defense, who is familiar with your jurisdiction. Jim Butler- myhoustondwi.com, dwisurcharge.com 713-236-8744

Asker

Posted

how should i plead when i go to court for the arraingment?

James Richard Butler

James Richard Butler

Posted

Not guilty.

Posted

You've raised several issues. First, you did not pass the HGN ("pen test") or you would not have been arrested. Second, it sounds like he changed his mind on the blood test. You need to show your copy of the Statutory Warning (yellow triplicate copy) to your defense attorney. She can sort out what happened as far as a refusal or what. Finally, if you are 17 or older, you are legally an adult in Texas. If you are under 21, an arresting officer does have the discretion to file a case as a DUI (class C) instead of a DWI (class B in your case). What you should expect is to be offered a DWI conviction. Texas law does not allow for deferred probation on DWIs, so you either enter a plea bargain or have a trial. You need to be looking for an attorney whose practices focuses on DWIs. They are technical cases and there are a lot of ways to beat them if you know what you're doing.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

Posted

This charge is very serious. You need qualified legal counsel to assist you. Do not attempt to resolve this matter without a criminal defense lawyer. A good lawyer is an investment in your future. Good lawyers do not guarantee good results, since the results are so closely tied to the facts. But a good lawyer can make sure you make no uninformed mistakes. Good luck.

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