Legal Question in DUI Law in Texas

First of all, in most jurisdictions you will have to get a lawyer. You will have a first setting soon that will be the court's chance to learn who your attorney is and to tell you to get one if you do not have one. If you are indigent, then the court might appoint one for you, but most of the time the court will simply order you to get one. If you don't you might be incarcerated until you do.

Second, you need one anyway. The prosecutor might not talk to you directly. Even if he or she does, the first offer is rarely the best. An attorney can investigate your case and determine if the state has a good case. Was the stop made with reasonable suspicion? Was there probable cause for the arrest? What is the evidence? These are things that might not be as obvious as they sometime seem.

An attorney can also advise you of the effect of a plea. Did you know that a conviction can almost never be expunged from your record? Do you know the effect of that? Are you aware of the state's surcharge on DWI cases? There may be other issues that are not as obvious depending on your situation.

I hope that this helps. You need to get an attorney immediately. There are things that the attorney can do ONLY within the first 15 days after the arrest that can immensely help your case.

I agree with Mr. Leonard. You absolutely need to have a lawyer ASAP. If you refused the breath test or if you took the breath test and failed it, your privilege to drive a motor vehicle will be suspended for a certain period of time beginning on the 40th day after your arrest unless you request a hearing on the matter. Moreover, a hearing can be used to gather evidence that could help fight the DWI case. Many DWI cases are defensible - meaning that they can be dismissed or won at trial. DWI is a very serious offense and once it is on your record with a conviction (which includes a probation), then it is there to stay. In addition, the punishment for subsequent DWI cases goes up. (The 3rd one can be charged as a felony.)

So, the short answer is that you need a lawyer and you should stand ready to contest the charge if at all possible.