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
On July 3, 2009 my son got pulled over because he was going kind of fast on the turn according to the DPS trooper. My son asked the DPS trooper if he had not come to a complete on the intersection and the officer stated that he was going kind of fast. The officer pulled him out of the vehicle and asked him if he had been drinking. My son stated that he drank a few beers about 12 hours prior. Officer continue with the follow the pen, son was doing fine. Officer asked him to walk the line, son stated that his knee was hurting him. Officer stated that he need it to continue. My son has been under doctor's care for his knee, his physician referred him with an orthopedic doctor for a closer look. Officer ask my son to sign a consent to draw blood, he refused. At this time, son called me to come around the corner. I got to the scene and officer stated that my son's breath smelled like alcohol. He asked me to drive son's truck home which I did. I returned to the scene and my son was in the police vehicle. Officer was insisting that he needed to sign for blood. My son's repeatedly stated that he will not sign anything. My son was so thirsty and explained to the officer that he was exhausted because he had not slept the night before and that he needed to go home and rest. Son stated also stated to the officer that he was not drunk, he had a bad hangover, officer disregard it. My son did not get arrested, and was sent home. The officer did stated that his license will be suspended. The officer did not provide my son with any copies of paperwork or citations. My son and myself left the scene not knowing what citations he was getting. DPS Officer stated that we could call him if we had any questions. I contacted the officer a short time after and he again stated that his license was suspended and that he was going to send the paper work with the county attorney, for us to wait for the court day. DPS officer also stated that he was going to send the citation in the mail.It has been 3 full days and we have not received anything in the mail as of yet. Is this the typical procedure, not knowing what citations someone will get until the officer send them via mail? Please advise, my son is 18 yrs old.
Seems like many people are having problems with out of control cops that are using the law to their favour. Cops use the "I smell weed" excuse and giving a person a PI by saying they smell alcohol but then they refuse to give a sobriety test when asked. Bottom line is that cops lie and judges allow them to get away with lying under oath.
This is really out of control and it needs to stop. Innocent kids are being harrassed and their rights are being violated and given records all because of arrogant bad cops. Not to mention the thousands of dollars spent. What can a parent do? Would writing our legislators help or are they just a party to the system?