Encinal, TX DWI Law Firms & Lawyers

Your case is most likely not in North Carolina. In North Carolina we have DWI not DUI. However, if some aspects of this type of case are universal. If law enforcement did everything properly and the .17 result is admissible. Your choices will most likely be to pled guilty or go to trial. .17**is over twice the legal limit in most states. There is no prosecutor or district attorney that I know of who would risk their career by reducing a DWI at .17 unless there is some serious defect with the case that would cause them to have a serious question about their ability to secure a conviction. You need to consult with an experienced DWI attorney to see if there are any defects in your case that could possibly be used to your advantage. However, like I said if everything was done properly, your attorney will most likely recommend a plea and will attempt to minimize the punishment aspect of a DWI conviction. It is a good thing that you were cooperative with highway patrol and have a good driving record. Often things like this are considered mitigating factors and could lessen any punishment you may receive. Good luck to you and please don't ever drive drunk again - remember it's not just you that's in danger on the road if you drive in that condition again.

You are correct with respect to the range of punishment on a 1st DWI. However, there is a possible enhancement issue. If your breath/blood test is over a .15 they can enhance you. What that means is that you would be facing the same range of punishment someone would face for a 2nd DWI, which is up to 1 year in jail, and a $4K fine. If it's not the enhancement issue, and you have no priors, they may have your name in the TCIC/NCIC check mixed up with someone else's.  In my opinion, you shouldn't be asking about the range of punishment until you know if they can even prove their case, though. I always inform my DWI clients of the range of punishment. But, I also make sure they understand the most important thing to do is to see if their evidence is sufficient to convict you. If it's not, or if you don't know, you need to hire an attorney who can/will do that for you.    

You can call the court and see if they will permit you to re-schedule it (unlikely, but you can try). Having work is not an excuse the Judge will usually accept to miss a court appearance. If you have hired an attorney, you can check with your attorney of record to see if your specific court will permit you to waive your appearance. If it is the first appearance since being charged (the arraignment) it cannot typically be waived.