Asked 3/17/2016 – Waxahachie, TX

I was recently arrested for DWI in Texas. And I understand it is a class B misdemeanor. Because my alcohol content was a .08 or above, officer gave me a DWI instead of a DUI. I honestly did not know I was even under the influence still when I got in the car, I was just worried about going home after a long nap. It was 5-6 hours after I had my last drink before I got in the car. The only reason the cop came was because The roads were pitch black and I could not see where I was turning so, out in the country road, I turned right into a ditch. It is my first offense and first time getting arrested. I really do not wish to have this on record forever but I do understand that a DUI can be expunged if the deferred deposition goes smoothly.

Answer

It is the District Attorney, not the Judge who determines what charges are pursued against you. Your attorney must negotiate the reduction as a part of the plea agreement, or you must have a trial, have the lesser included offense of DUI in the charge, and the jury must find you guilty of the DUI and not the DWI. You are not looking at Judge Judy and I STRONGLY suggest you get an attorney and listen to the advice you are given. You may be a minor and do not like your options, but when you undertake adult actions, like operating a motor vehicle, like consuming alcohol, you have to face the adult consequences.