Asked 8/3/2016 – Plano, TX

Hi. I screwed up big time. I was convicted of DWI in 2012. Also had a second charge of possession of marijuana, but plea bargain dropped that charge and put me on probation for the DWI. Anyway, I completed probation and then got arrested in July 2015 for DWI with minor. Indicted in March of this year and now facing the judicial process. Will I go to jail? What does your gut tell you?

Answer

Probation remains a possibility, even though you are facing felony DWI charges. It is impossible to say what will happen in your specific case because the outcome depends on the specific facts, like driving facts, blood alcohol concentration, etc. If your indictment was handed down in March, your case should be pending in one of the district courts. If you have retained an attorney, have this discussion with her/him; if you haven’t retained an attorney, start talking with some soon. You’re going to need legal counsel, and they will tell you soon enough if the prosecutor will offer probation in your case