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Odds of jail time, 1st DWI, .15 over the limit?

San Antonio, TX |

I ran a curb in my car after a night out. I was attempting to get a tow truck to come get me when it happened, but a police officer showed up first. I have never been convicted of anything before, and have not had a traffic ticket in 3 years. I was very cooperative with the police, much to my lawyers dismay, and was very polite. I did not hit anything except the curb, ( no other vehicles, no person ). I am pretty sure I took sobriety tests and did horrible, to be honest my memory is vague. I have given up drinking since the incident ( i bet alot of 1st time offenders say that, I actually went to my house, girlfriends, and parents, and poured out all the alcohol. ) I just want to know, what are the odds of jail time based on this in Bexar county? I know no one can give me a 100% sure answer

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Attorney answers 3

Best Answer

"I was very cooperative with the police, much to my lawyers dismay, and was very polite".

Your lawyer is the best person to answer this question. Hopefully he or she is familiar with the policies of the Bexar County District Attorney's Office. The last time I practiced there, they were very reasonable and accommodating. My advice is that you contact your lawyer first thing in the morning and discuss your concerns.
In Harris County (Houston) you would most likely get a years probation, and you would be required to have an interlock device installed on your vehicle.

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.


You have a lawyer, ask him/her because they are the best person to answer this question. That being said very few first time DUI's result in jail unless there is something extreme about the case (ie kid in the car, crash with injuries).

John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.


A interlock will be required for you to drive. The most risk of going to jail is the risk of an interlock violation, so you MUST be very careful about that. If you install the interlock in a timely manner and use it properly, then you will be able to show the judge that you should not go to jail.

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