Schertz, TX Criminal Defense Law Firms & Lawyers

The answer depends on what you are on probation for. The way your questin reads, it appears that the theft under 50 is a new offense so that the probation violations include the new offense and the community service issue. The new offense is by far the most serious violation and may preclude the possibility or avoiding a sentence by completing the community service and asking for a discharge without a revocation. If you are on a straight probation the maximum time that can be assessed is the sentence you received. An example is where you are given a sentence of 30 days probated for one year. The maximum sentence would be 30 days. If you are on a deferred probation (where there is no sentence and you have not been found guilty but are given probation), the maximum sentence is determned by the maximum sentence for the crime you were charged with. If the offense for which you received the probation was a Class C theft, there is no jail time but the conviction will go on your record.  

He needs to hire a great drug attorney and fight this. Trace amounts were still enough to be a felony. Tell him not to speak to anyone until he has spoken with a lawyer.

You are asking for a lot by asking this question on your case. Your case is very complicated and seems to me that you are lucky to have the option of taking a course and having the case dismissed. .18 is quite high, and the fact of the accident is very bad for a DWI case. A lawyer would need to review ALL the facts and see your video, get information on the intoxilizer, etc., in order to give you advice on how to proceed. Certainly the medical information about your body producing ALDH2*2 would be interesting but would require an expert. Certainly only 3 drinks consumed 2.5 hours before driving should not have made you over the legal limit, and certainly not .18. As far as your lawyer's representation, if you are not satisfied, you are free to hire another lawyer to substitute in but you will likely have to pay that lawyer. You might be able to hire a lawyer to consult with your lawyer under the understanding that your entire future is at stake and you just want to be certain.