DWI 2 plea vs. trial

[jloessin]

Texas
I am looking for the best advice on whether to take a case to trial or take a plea bargain.
I have nothing to stand on if I spend the money to take this to trial. Blew 0.1, 5 out of 6 on the horizontal gaze, 2 out of 4 walk and turn, 1 out of 4 lifted foot.
In Texas do I have the ability to negotiate with the DA or the Judge on possible alternatives to my punishmnet in the plea bargain to avoid jail time? In texas what will I be looking to be punished with for DWI2
Facts about me-married with young family, good job, attendend a 37 day recovery center prior to the arrest but relasped a couple of weeks out of treatment when I got the new job, I coroperated with the officers, the prior was 4 yr and 7 months ago, and currently attend daily AA meetings

Please don't just pound me for the fact that I am a DWI offender. I myself hate DWI offenders. I know what I did was very stupid and regret it...

[Bitt]

I can give you the run down on a plea agreement.
You will receive two years probation. There is a mandatory jail sentence of no less then 72hrs (3 days). If your case is in Dallas you can pre book (takes about an hour) to receive a day credit. Then check in on a Friday evening before 8pm, and they will release you sometime after midnight, which gives you 2 days credit.
Additional conditions of probation will be:
Interlock device on your vehicle
Repeat offender course
MADD meeting
Alcohol evaluation
I think that about covers it. Of course you can always try to fight it? I would definitely consult a lawyer.

[jloessin]

Thanks you for the info. This case is in Austin. Of course like others I am willing to do what ever it takes to stay out of jail. I have a lawyer and we have already tried for a motion to suppress evidence, because I looked very good on the tape. The judge at the time did not even want to See the tape after examination of the officers testimony. So I am guilty and made the choice to not pursue this in trial and save the money. I guess I was worried that I would lose the case, the money, and the plea bargain. Thank you again for the info.

As well, do I have an option for an occupational license with a 2nd, and if they do give me more time in jail can I get the option for work release, or nights and weekends?

When I was arrested it was a Fri evening, and I was not released until Sun evening.

Thanks

[SillyPuddy]

"I am willing to do what ever it takes to stay out of jail"


** Jail is the easy part of the whole deal. Let's say, for example your plea agreement includes a choice of 3 days of jail or 300 hours of community service, why would you take the community service?

As your working up this plea agreement, think carefully about what you're doing. You may have the option of a small amount of jail time or a whole lotta something else.

[jloessin]

I agree, but I need to work and support the family. And yes I know I should have thought about this prior to getting behind the wheel after drinking.

I could do nights and weekends if I am given that option.

[Bitt]

They will work with you on when and how to do your jail time. It will most likey be 3 to 5 days. I have heard of electronic monitoring instead of jail but it's pretty unusual to get that granted.

[ceara19]

Originally Posted by jloessin

Thanks you for the info. This case is in Austin. Of course like others I am willing to do what ever it takes to stay out of jail. I have a lawyer and we have already tried for a motion to suppress evidence, because I looked very good on the tape. The judge at the time did not even want to See the tape after examination of the officers testimony. So I am guilty and made the choice to not pursue this in trial and save the money. I guess I was worried that I would lose the case, the money, and the plea bargain. Thank you again for the info.

As well, do I have an option for an occupational license with a 2nd, and if they do give me more time in jail can I get the option for work release, or nights and weekends?

When I was arrested it was a Fri evening, and I was not released until Sun evening.

Thanks

You're not going to keep your license. You may be able to negotiate a shorter suspension time, but count on AT LEAST losing it for 6 months.

The only sure-fire way to avoid jail, is to stop driving drunk. If you get a third DUI, jail time won't even be an option. You'll be serving a PRISON sentence.