Corsicana, TX DWI Law Firms & Lawyers

You only get Miranda if you are going to be interrogated. And the remedy would be suppress any statement you made. Hire a skilled trial attorney to assess your case.

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.    

Any charge brought against someone stays 'on record,' because the record is supposed to be historical and accurate. If it is accurate it will also show that the charge was dismissed. Of course, some people know how to read what is before them, and others don't. But we can't do too much about that.