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What are my chances of going to jail for first DWI in frisco tx? I am a single mom and dont have any family here for help.
Anonymous9 views6 answers
Got stopped after hitting curb for speeding cop never showed me or told me amount i went over, had me take sobriety test i knew everything that i was doing. They drew blood from me once i got back to the police station. Stayed a day in jail untill i got bonded out. I got charged with DWI i dont know my BAC the didint tell me. What can i do in my case? I have a son to take care of and i am confused and scared about all of whats coming next.
Please do not go to the DA first. Anything you say to the DA will be used against you. Further, most DA's have a policy of not speaking directly with defendants.
The answer to your question depends on your jurisdiction. The law requires a 3 day minimum sentence for first time DWI offenders, but because you served one day already, that may satisfy the minimum. You are probably looking at probation, but please consult with a local criminal defense attorney before you do anything else.
I am not a TX attorney but your question is common to all states. Alternatives to serving jail time are available. You need to either hire a private criminal defense DUI attorney or at the very least interview with a local one that offers a free consultation. Prices are normally quite reasonable for DUI's. If you can not afford counsel ask the court to appoint a free public defender if they find that you financially qualify. As a former prosecutor in CA I recommend you take no deals that might be offered by the prosecutor without first seeking the advice of counsel. Schedule your DMV hearing ASAP. Good luck. Hope this helps?
Eric Stephen LafleurDivorce / Separation LawyerPlano, TXTX licensed ·
A given case might be different (for instance, if there was an accident, or the Defendant has extensive criminal history) but, in general, the chances of a jail sentence for a first DWI are low. Most first time DWI defendants are offered probation. That's not to say you shouldn't have an attorney. There may be a way for you to have the evidence suppressed or, if nothing else, get a better plea offer from the DA. In Frisco, go see Hunter Biederman:
http://www.dwifrisco.com/
You absolutely need to speak with an experienced DWI attorney as soon as possible. DWI defense is a complicated area of law and there are many unfavorable consequences of a DWI conviction besides jail. You only have 15 days to request a hearing on your drivers license so I would recommend meeting with an experienced attorney before that deadline. An experienced attorney should be able to answer most of your questions and guide you through the process. If there is any good news, it is that most first time offenders get probation and avoid jail time.