Hello, I just got an "First time DWI offender BAC .08" 2 days in Houston TX. My record is clean and this is a first time DWI. I also got bai...

Question

Hello,

I just got an "First time DWI offender BAC .08" 2 days in Houston TX. My record is clean and this is a first time DWI. I also got bailed bond out. My court day sets on May 10.

The problem that I will need to go out of US back to home country in end of May or June cause of my dad is very weak now (as I already had the ticket on May 4 and I can change/ delay to end of May or June but have to go) so I won't able to take any probation or defensive driving class for the moment.

I can try afford to pay the full fine ($1000 - $2000) and loosing my driver license for one year or whatsoever but have to go back home country see my dad for the last time.

Should I spend (about $2000) for lawyer to help me on this ?

Or just go to court and admit that I drank one or two beer and say "no contest". Explain the situation with judge that I need to go and see my dad since he very sick and can go away anytime soon. And I'm willing pay fine, loosing 1 year DL, willing take probation, community services, trial, etc later on. Would the judge accept ?

Any other option for me to close the case asap to going of country soon ?

Answer

I am sorry about your father's health.

This is a difficult decision for you because it will affect you the rest of your life. In fact, if you are not a citizen & decide to seek citizenship in the future, it could affect your application. In addition, there are some countries, such as Canada, that do not allow people with DWI convictions into their countries.

Also, if you were not intoxicated, then you should not plead guilty. If you return here (and you have take a final conviction), then every time an officer runs your license plate (if the car is in your name) or your driver's license, they will see the DWI conviction. If you have been drinking, you are far more likely to go to jail. Your insurance rates will go up & there will be a surcharge on your driver's license.

In addition, Harris County DA's office currently has a police that first offender DWIs get either probation or 30 days in jail and a $750 fine. The only way around that is if the judge is willing to do something for you if you plead without an agreed recommendation. That will depend on the court. (We have 15 misdemeanor courts in Harris County.)

You MUST have a lawyer regardless of whether you want to go to trial or work it out.

A lawyer MIGHT be able to you permission to leave the country for a short period of time if you provide detailed information about your travels.

Bottom line is that you must have a lawyer.