some DWI questions

[penguin53]

What is the name of your state?What is the name of your state? Texas
Hi my brother was arrested for a DWI yesterday, he was pulling on our
street and scraped a parked car wich had no insurance and tags, but a some
one called the cops and he was still tispy from some medication he had taken
for his back so he failed the first test the cops gave him. I was wondering
if you could tell me his chances of geting jail time its his first offence and he
has a clean record. He did't have any booze in his system any advice would
help he's freakin about the jail thing dont blame him
Thanks

[JOHN BUCKNER]

First I am not real familure with Texas Law regarding DUII's. Second it of course does not matter that he was under the influence of a narcotic or a perscription drug, or alcohol. The law is the same as it applies.

If this is indeed the first offence, I would be surprised if he indeed does have to do time in the jail. He needs to seek a consultation with a Lawyer to see what his options may or may not be. If he does time It would most likely be short lived. Good luck.

[penguin53]

thanks for the info, I kinda figured about the pills. is 5,000 pretty hight
for a dwi attorney?

[minerzlegal]

I am also not familiar with Texas law, however I have had 14 DUI's in Idaho, before I gave up drinking. Tell your brother if this happens again tell your brother to request a blood test, if they allow him a blood test then he will be able to prove he was not drinking. He will still get the DUI, but his story will be more beliveable.
Again I have never gotten a DUI in Texas, nor have I had anything to do with attorneys in Texas, but I do feel that this is out of line. I would say your brother is going to be charged for DUI, but for 5 grand this attorney ought to be able to tell you exactly what to expect. What exactly is he going to do for 5 grand? If this is his retainer then this guy better promise you something. Does the 5 grand cover it all. I think if you look around you could find a $500.00 retaining lawyer, but it all depends on how your cash flow is. If he is going to drag it out and try to get it reduced it may take 5 grand to do so, but with only one and a clean record I would get a cheaper one, as if it is reduced your brother will probably get probation, and there are fees with that as well has his insurance will probably take a jump. I think I would make a few phone calls and find what other attorneys charge. This is just my opinion. Good luck.