Somerset, TX DWI Law Firms & Lawyers

Judges do not sign probable cause charges. Charges at signed by prosecutors, and the judge may find based upon the allegations contained in the charging document that there is probable cause to bind the defendant over. But if the judge finds that the charging document does not contain facts sufficient to establish probable cause, she/he will release the defendant at arraignment.

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.    

If you are under 21, yes. All that must be proven is a detectable amount of alcohol, since any amount is illegal in a minor. A ticket for minor DUI in Texas is not a DWI. It is a fine only offense, with a possible 60 day driver's license suspension.