This sub should be a safe place for people who feel like they can share their opinions and experiences.
Got my first offense DUI in December for sitting with a friend in a parking lot and drinking. Since I was under 21 years of age and blew 0.062 I was arrested on the spot and (luckily) didn’t end up going to jail.
Hey everyone just wanted to give my experience to maybe ease some minds. I blew a .22 on the road side breathalyzer, then blew a .18 at the station along with a ticket for rolling a stop sign and prudent speeding.
My lawyer negotiated a deferral with all charges dropped after a year. Probation for 1 year, 90 day license suspension with approval for restricted driving privileges, 40 hours of monitored community service, an alcohol and drug assessment and a deferral fee of 100 dollars. We can enter the agreement tomorrow at my driving hearing.
Whats up everybody. Pretty new to this subreddit. Boy did I get lucky tonight and I swear I will not take it for granted. Believe me I know how much I messed up tonight and how lucky I am. I had a few too many beers with a buddy after work today.
I apologized to my parents for putting them through this dui. They had to pick me up from the police station during the experience. I thanked them for being very patient.
Hey, I remember how alone I felt going through my stuff. 19 the first time, .06 BAC. 28 the second time (it was my birthday), .26 BAC. 9 years apart, so the “look back” period was outside Michigan’s 7 year limit. So, the second one was a first offense, technically. Or at least as far as sentencing goes.
Under Section 42.03 of the Texas Penal Code, a person commits the offense of obstruction of highway if, without legal privilege or authority, he intentionally, knowingly or recklessly: (1) obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial group ...
Obstruction of Highway may be negotiated by a skilled defense attorney if the attorney can find sufficient evidence favorable to the defense that shakes the prosecutor’s confidence in obtaining a guilty verdict at trial.
DWI (FIRST) OBSTRUCTION OF A HIGHWAY. Punishment Range: 3 days to 180 days in jail and a $2,000 fine, which may be probated. Punishment Range: Up to 180 days in jail and a $2,000 fine, which may be probated. Mandatory minimum of three days in jail.
A breath or blood sample over the legal limit, unless the attorney can find a way to keep that evidence out. An accident. Problems with DWI cases are not always obvious. It often takes an astute defense attorney to identify them and then leverage the issues with the case.
Despite this, obstruction of highway is a highly-desired, but rarely achieved, outcome in DWI cases. While they are both Class B misdemeanors, a DWI conviction has far more severe collateral consequences than an Obstruction of Highway charge.
First of all, a DWI conviction is very expensive . In addition to court and probation fees (most first-time DWI convictions result in probation), defendants must pay thousands of dollars in fines. There is less stigma associated with Obstruction of Highway, as the general public views it as a traffic offense rather than intoxicated-related offense.
Given the definitions for intoxication in Texas, which allow prosecutors to prove their case by showing an individual has lost their normal use of mental or physical faculties (regardless of their Blood Alcohol Concentration), it is very hard to shake a prosecutor’s confidence in a DWI case.
An Obstruction of Highway charge is a Class B misdemeanor in Texas that is usually offered by the prosecution in plea bargains, giving those charged with DWI an alternative option to plead guilty to a lesser offense.
Our Texas DWI defense attorney, Chris Hoover, can help you find the best solution for your particular case. Call us, Toll-Free, at 1-888-252-4DWI, or locally at 214-521-2277.
Hoover to learn more about your legal rights and how you can reduce DWI charges, by pleading guilty to obstruction of highway charges. Call us at 1-888-252-4DWI, or 214-521-2277.
Maximum fine of $1,000, as opposed to the $1,000 annual surcharge on your driver's license if found guilty of DWI.
Sometimes the State will reduce DWI charges to obstruction of highway charges, if they feel they have a weak case . When a person pleads guilty to obstruction of highway, they have a few advantages: Eligibility for deferred adjudication and possible dismissal of DWI charges.
The driver’s BAC must have been under 0.15%
As a Class B misdemeanor, an Obstruction of a Highway charge can serve as an alternative for those facing DWI charges in the San Antonio area. Not every person who was arrested for a DWI may qualify for this reduction; in fact, many do not.
The defendant may also later apply for non-disclosure, which would effectively seal the case from public view. While these charges may still result in fines, classes, community service, and alcohol monitoring, the repercussions will be drastically less serious and are far less likely to affect employment or housing opportunities, especially if a non-disclosure is later proved.
Examples of reducing a DWI charge include: 1 Getting a Felony DWI Reduced to a Misdemeanor like Obstruction of a Highway or Obstruction of a Passageway 2 Reducing DWI Charges to Reckless Driving 3 Filing a Pretrial Motion to Remove Illegally Obtained BAC Evidence 4 Seeking Deferred Adjudication for Underage DUI 5 Having Your Attorney Negotiate a Plea Bargain for a Less Charge Like Reckless Driving 6 Getting the Case Dismissed 7 Getting a “No Bill” Return at the Indictment Hearing (state drops the case)
An Obstruction of Highway conviction can usually be sealed from your criminal record via a motion for nondisclosure.
Because of the severe punishment possible from a DWI conviction, it benefits you personally and financially to take any steps necessary to reduce DWI charges (and consequently the possible fines and penalties.
Getting a DWI charge reduced means having the severity of the charges lowered to a lower crime class. Oftentimes this means that the possible fines, jail time, and other restrictions will be far more lenient.
If there is no case without the evidence, which could be the case in situations where the blood sample was improperly stored or taken, then the judge might decide to drop the charges against you altogether. All of these variables require a lawyer for reducing charges.
However, in some cases, the jury may return a “No Bill” at the indictment hearing because they don’t think there is enough evidence for the case to be prosecuted if it goes to trial. It is also sometimes possible to have irrelevant evidence that could sway the jury thrown out.
However, reckless driving charges still carry more punishment and restrictions than highway obstruction convictions. Both Obstructions of a Highway and Passageway are misdemeanor charges that have far fewer consequences than a DWI and are worth considering.
If you or someone you know has been charged with obstruction of a highway or passageway, it’s crucial you secure legal counsel right away. The prosecution is likely going to attempt to pressure you into a plea deal, but you don’t have to take it without the guidance of an experienced attorney.
A single DWI can sometimes cause a whole family to go bankrupt because of the never-ending fines and fees. Another reason why DWI offenders may try to plead down to obstruction of a highway is because the crime has a lot less stigma attached to it.
It’s not uncommon for those charged with DWI to cut a deal with the prosecutor in an attempt to “plead down” to an obstruction of a highway or passageway charge. There are several reasons why a DWI offender may choose to take this route. Firstly, a DWI conviction is notoriously very expensive in the state of Texas.
In the context of the crime, the term “obstruct” means to render impassable or to render passage unreasonable inconvenient or hazardous.
Obstruct a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial group of the public has access, or any other place used for the passage of people, vehicles, or conveyances;
Your defense lawyer can find sufficient evidence favorable to the defense and shake the prosecutor’s confidence in obtaining a guilty verdict at trial.
Obstruction of Highway or Passageway. You may not know it but obstructing a highway or passageway without legal authority in the state of Texas is actually a crime. Texas law requires you to move if law enforcement makes a “reasonable” request for you to disperse during a public safety event ...