Legal Question in DUI Law in Texas

The district attorney's office is the entity that prosecutes you when you are charged with a crime. It is generally never a good idea to call them when they are prosecuting you, anything you say can and will be used against you.

Do yourself a favor and hire an attorney. DWIs are serious and have a lot of negative consequences. Also keep in mind you only have 15 days from the date of arrest to request a hearing to try and prevent and administrative suspension of your drivers license.

I agree with Mr. Tuthill. In addition, whoever is giving you advice has no idea what Harris County is like. The DA's office is going to tell you what they tell everyone - get a lawyer. In addition, the offer you will get on your case intially and perhaps for the entire time is 30 days in jail & a $750 fine or probation. This is the rule in Harris County on first offender DWI cases EXCEPT those that qualify for the DIVERT program - something you have to apply for and get accept to.

If your case is defensible, the DA's office is certainly not going to tell you. You need a lawyer to evaluate the case and determine if you should be setting the case for trial. In addition, you will have driver's license consequences to deal with as a result of failing the BT. Obviously you blew and failed so if you do not request a hearing on your DL matter, your license will automatically be suspended on the 40th day after your arrest and will remain suspended for 3 months (and until you pay the reinstatement fee.) This hearing can be used to help your lawyer gather evidence to help defend your DWI. (Just because you blew and failed does not mean that is a foregone conclusion that you will be found guilty. Many people are found not guilty even after failing a breath test.)

And, you are not in a court that is known to be lenient. There could be additional constraints put on your liberty even while you are on bond.

Bottom line - hire a lawyer.