Rosser, TX DWI Law Firms & Lawyers

The gun case is largely dependent upon what happens with the DWI. If you have a CHL, then the only way to beat the gun case is to beat the DWI.  The strength of the DWI depends on (a) how you looked on the cops dashcam video (if there was one); (b) the station video (if there was one); (c) whether there was a breath test or a blood test; and (d) what you told the officer during the course of his/her investigation and arrest. If you look normal and sound normal on the videos, and there is no breath or blood tests, you should not plea guilty to it, in my opinion.  Your options with respect to the DWI is to plead guilty to it, or set it for trial. You can't get deferred probation in Texas on an alcohol case, so that is why the options are more limited than for some other type of cases. Often, the only way to avoid a conviction for a DWI charge is to take it to trial, and to win.  

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.

No. Once a charge is accepted by the DA's office they are the only agency (other than the judge in certain situations) that can dismiss the prosecution. What you can do is speak to your brother's attorney. Depending upon what you have to say, you might be able to help your brother's lawyer get the case dismissed. You may also consider going directly to the DA and speaking to whomever is handling the case. I think you going to speak to the DA is the worst option. If you don't know exactly what helps and how to use what you have to say in a helpful way, you may end up doing more harm than good. In fact, that's usually what happens. Find him a good lawyer so that, if it can be done right, it is done right the first time.