DWI and possession of marijuana questions (and some answers)
I live in Austin, but was pulled over for speeding in Hunt County, Texas. I had had a couple of drinks and submitted a breath sample and came up with a .131. I was arrested for DWI first offense and was also charged with Possession of Marijuana less that 2 oz for a small amount of marijuana I had in the car.
I've never been in trouble with the law before, save for a couple of expired inspection stickers here and there, so I'm filled with a bunch of anxiety as far as what steps I need to take now.
I was given a temporary license that expires on the 27th of this month (December). I've read the form and understand that after 90 days and $125 my license will be reinstated. In the meantime, I'll have to bike it. A co-worker told me that there is a way to get an occupational license. I have tried calling the number on the form but receive no answer to get further information. What steps must I take to get an occupational license?
Second question: I asked a civil lawyer acquaintance for a referral. He told me it would be best to find a lawyer in Hunt County as all charges like DWI and Poss. of Marijuana are handled locally. Do you agree? If so.. can you please make a recommendation for a lawyer? Is it wise to be represented by somebody in a different county?
Third question: I read about having your charges sealed so that only the state can read your record, but potential employers (nosy neighbors, etc.) will not have access. Do I request this or is this something that is offered by the court?
Fourth question: What are the usual punishments for DWI 1 and Poss. Of Marijuana < 2 oz? In your opinion, what do I need to prepare for as far as fines, classes, probation?
Fifth question: Pardon the vulgarity, but will I be paying out the a** for legal representation? I'm so broke already-- what would you consider a fair cost for representation?
Thank you so much for your time. I truly appreciate any information you can send my way.
Sincerely,
Name Withheld
I received this email a while back, and here was my response:
Taking your questions (somewhat) in order...
I definitely recommend to folks they should hire local counsel, someone who practices regularly in the jurisdiction where they were charged. I put out a question about Hunt County defense lawyers on the local Austin Criminal Defense Lawyers listserv, and will probably have some answers back soon. Call me this afternoon at (512) 964 9900, and I'll find some folks to recommend to you.
If it has been more than 15 days since you were arrested (and it sounds like it might be), you have unfortunately missed the opportunity to contest your driver's license suspension, but if it's within that time limit, all the more reason to contact an experienced DWI lawyer ASAP. As for the occupational license, most good lawyers in my opinion will get the documents they need from you, and prepare that for you as part of the DWI representation. Unfortunately, very few jurisdictions have pre-prepared forms for a pro-se defendant to “just fill out” and get an ODL (none, actually, at least that I know of).
Whether or not you can have the records eventually sealed or expunged will depend on how the case is resolved. The short answer is here is that if you are convicted of the DWI and/or POM you will probably not be eligible. Obviously a .13 breath test case is an uphill battle as far as beating the DWI charge goes, although, I don't know the specifics. First time marijuana offenders often receive deferred adjudication, and that can later be sealed by way of motion for non-disclosure. There is no deferred adjudication for DWI in Texas, so that will have to be dismissed or reduced or changed to a different charge for you to ever be able to erase or seal it.
I think it's usually reasonable to assume that first time offenses of DWI and Possession of Marijuana receive probation not jail, but again, I should probably add all the usual lawyer caveats here: I'm not making any guarantees, I don't have a crystal ball, etc., etc.
As for how much this all costs, I'm sorry but the answer really has to be "it depends". Representation at the ALR hearing (driver's license suspension) and obtaining an occupational can drive the price up. I have no idea how fast a case runs in Hunt County, or how many court appearances a lawyer up there would have to make on these cases. Even for "just" a first time DWI and Marijuana case though, I wouldn't advise scraping the bottom of the barrel, and just hiring the cheapest lawyer you can find.
I hope this was somewhat helpful, and again, call me this afternoon, as I may have some names of recommended lawyers for you.
Jamie Spencer
This is not a comment to the above, rather a question I have about a family member that got a DWI with child under the age of 15. she did blow and her alcohol level was way over the limit,she has never been in trouble in her life in which there is also a witness that she went off the road, and no carseat, but the child was buckled in the front seat, she had to leave to pick up her daughter or said she would not of left, realizing now da, should'nt of left, anyway my question is, Is she looking at jail time? She has a lawyer and the firt time they went to court the prosecution offered 18 months in jail, the next hearing is in a month, can they give her rehab not jail, or is a state tx felony mean jail time?
Mr. Spencer, my son got a dwi Midland Co Tx 1994 and it shows nolo contendred, he got another one in Kerrvile tx, lost lic.1 year, and had to pay all the other things that you have to do , ok 2nd , then in 2005 he got dwi, he was not convicted, not enough evidence, lost his lic. for a yr. now he's got one 07/2008 I don't know what to do. will this be considered 3rd or what, and does the not convicted one count??
thank you