You can expect big trouble. I see many questions on avvo in which people want to do what is going to happen to them because of such and such an offense or parole violation. In truth no one except your lawyer can even give you an approximate answer to that question because it depends on so many variables: your state’s laws and procedures, your criminal history if any, whether there are any sentencing enhancements, whether your state has diversion programs for your offense. These kinds of questions really require that you contact a local lawyer and even then they can only give you a range.
Paul Holt WalcuttCriminal Defense AttorneyAustin, TX ·
The DWI with a Minor in the Vehicle charges are state jail felonies; each count carries from 6 months to 2 years in a state jail facility, a fine of up to $10,000, or up to 5 years of probation. The "count" of exhibiting a deadly weapon is actually an enhancement to the two state jail felonies, raising them to third degree felonies (up to 2-10 years in prison, fines of up to $10,000, and up to 10 years probation on each charge). The State is likely alleging that by operating the motor vehicle in the manner she is alleged to have done constituted the exhibition or use of a deadly weapon. These are obviously very serious charges.
You and your wife also need to know that simply because she wasn't consuming alcohol or an illegal drug doesn't mean she cannot be prosecuted. Intoxicated is defined under TX Penal Code 49.01 as "not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body." That means that even if your wife was under a doctor's care, and even if she was prescribed the medication, and even if she took it in accordance with the doctor's instructions, she can be proven guilty of these two offenses.
Your wife needs to talk to an experienced local DWI attorney ASAP to protect her rights and avoid a potential prison sentence/felony convictions.
Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
The two above answers are spot on. I would only add that you should hire a defense lawyer as soon as possible to request an ALR hearing.
You have 15 days from the date of arrest to file for an ALR hearing. ALR hearings are the civil driver's license hearing that usually happen before a criminal trial. Besides fighting for your wife's license these hearings provide your lawyer with the opportunity to obtain discovery and cross examine the police. This information will greatly assist in the defense of criminal case.
Contact a defense lawyer immediately.
THIS IS NOT LEGAL ADVISE. THIS IS A PUBLIC ANSWER ON A PUBLIC FORUM AND CAN NOT CREATE AN ATTORNEY CLIENT RELATIONSHIP.
The first two answers are exactly correct.
This is serious and probably the most serious decision you and your wife will make. Montgomery County has a new DA who was elected on his "tough on DWI" stance. He has also hired several very experienced prosecutors to try these cases. Your wife will, in all likelihood, be prosecuted by one of the best prosecutors in state and possibly the country for this offense.
You must hire a top notch DWI attorney immediately. Don't wait another minute as delay means that evidence is being lost right now.
I am located in Montgomery County and would be happy to visit with you but I would strongly urge you to hire a quality attorney very quickly.