It is impossible to give a definitive answer. It all depends on the circumstances of the case, the court and the jury. A judge or jury could sentence you up to 6 months in jail, although most first time offenders receive probation. You should talk to a good local DWI defense attorney such as Jim Medley, Mark Theissen or Troy McKinney to discuss your options. Houston has many good DWI attorneys.
Talk to a Harris County criminal defense attorney about the possibility of going to jail. There are many factors that go into a sentencing decision made by a judge and your attorney will figure all of that out for you!
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
You should be asking this of your lawyer. Your chance of winning an DUI trial without experienced counsel is minimal.
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What the prior does mean is that you are ineligible for DIVERT (not a big loss in my book). You really have two viable choices.
1. Save your money and plead guilty (BEAR IN MIND that this conviction will weigh on you like dragging around a complete, all iron 426 hemi, for the rest of your life), do your time, (they'll probably waive the fine (but not the court costs), and go about you biz. You'll lose you license, but when it's over, you can get it back (more complicated than you think) and live out the rest of your life, hopefully absolutely sober.
2. Bite the bullet, pay the money (not an insiginificant sum for top flite assistance) and go to war(trial) . Troy McKinney, Gary Trichter or one of the other major hit men are good. Even they are not a guarantee of success. No one can offer you that in good conscience. And people, not just the creme de la creme, win DWI cases all the time. Lots of variables.
You do not have a conviction that was cleared though DADJ. You have a charge that was cleared . . . unless it was a Class C case.
This answer is in the nature of general information only and does not constitute legal advice or the formation of an attorney-client relationship.
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