Lawyers, Answer Questions  & Get Points Log In
Texas DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Texas on
Q: What to do if police pulls me over for drink driving
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 4, 2022

It depends, If you are not drinking take breath test. If you are drinking keep your mouth shut. Do not take breath test or field sobriety test.

2 Answers | Asked in DUI / DWI for Texas on
Q: My mom was killed in DWI and his lawyer has kept resetting the case for 3 years because he is sick what can we do?

This is Really has been emotional and stressful

Grant St Julian III
Grant St Julian III
answered on Nov 15, 2022

I'm confused. Who is the "he" you are referring to? The driver of the vehicle who hit your mother? Regarding any delay, the pandemic has created a huge backlog in virtually all courts. If your mother was the victim of this crime, I suggest contacting the DA assigned to the case.... Read more »

View More Answers

1 Answer | Asked in DUI / DWI for Texas on
Q: Should I plead guilty or not guilty on a dui charge at .4 on breathalyzer . I’m 20 years old
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 1, 2022

You should retain a lawyer. You passed the breath test but additional facts have to be discussed

1 Answer | Asked in DUI / DWI for Texas on
Q: First offense dwi with kid under 15.. I have no lawyer .. What would be the best option for me. ?

I really need help and lawyers cost alot. I screwed up. And this will never happen again. Just need to know how to get probation and not any jail time for this. If I need to pay the fees fine.. just would rather keep my job to pay whatever needs to be paid in payments... plz help...

Grant St Julian III
Grant St Julian III
answered on Oct 20, 2022

You are facing felony charges. GET AN ATTORNEY. Good luck

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: I have straight probation for 10 years i picked up a dwi case its my first time i revoke it can i get reinstated

Can i get reinstated or go straigh to prison

John Cucci Jr.
John Cucci Jr.
answered on Oct 8, 2022

There is a process to get your probation revoked. The State has to file a Motion to Revoke, and you are entitled to a hearing on the Motion. The court can do many things at that hearing: Revoke you and give you jail time, give you a short jail term like 6 months, then reinstate your probation, and... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: I was given 10 yr felony probation for a 3 or more dwi in texas, I have a scram on.

My Attorney at the time said I would have to wear it the whole 10 years, is this true?...it says nowhere on any paperwork about the time.

Thank You,

Scott

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Sep 29, 2022

You can ask the judge to remove the scacr device. If there are no violations they may grant your request

1 Answer | Asked in DUI / DWI and Traffic Tickets for Texas on
Q: Do I need to get a lawyer and how could it help

My so. Was involved in an accident. He was given a citation for failure to control speed but he was taken to the hospital under protective custody. One I got the police report there was also a DWI charge. Once he was released from the hospital they showed up at his house with a warrant &... Read more »

Grant St Julian III
Grant St Julian III
answered on Aug 4, 2022

Yes, your son needs an attorney. Contact a lawyer who practices in the county where the case is filed. Good luck

1 Answer | Asked in DUI / DWI for Texas on
Q: Can a probation officer suspend the requirement of only driving cars with an IID for someone on probation for Dwi in TX?

If a person is been convicted of a dwi in Texas, has been put on probation, and has been ordered to drive with an IID per the terms of their probation, can their probation officer temporarily suspend the requirement to drive with an IID for any period of time (particularly the first 2-3 months at... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 28, 2022

You cannot drive without a Texas drivers license.

1 Answer | Asked in DUI / DWI for Texas on
Q: Can I be convicted of a third degree felony on a second DWI conviction?

I am being charged with a third degree felony DWI.

With my first two charges I was only convicted of one. Can they convict me of a felony even though I only have one CONVICTION on my record?

Jose A. Ceja
PREMIUM
Jose A. Ceja
answered on Jun 16, 2022

If no special aggravating circumstances are being alleged (for example, that someone was seriously injured in an accident resulting from your alleged DWI), and you are charged with regular DWI, then the State needs to prove that you have two prior CONVICTIONS. You can be charged with third-degree... Read more »

3 Answers | Asked in DUI / DWI for Texas on
Q: Can my 3rd degree felony DWI charge be reduce Class A misdemeanor?

I am being charged with a 3rd degree felony. It is the third time I have been stopped for a DWI. With the first two I was only convicted for one. Is there a chance that the felony can be reduced back to a Misdemeanor during trial?

Jose A. Ceja
PREMIUM
Jose A. Ceja
answered on Jun 14, 2022

A DWI third can be reduced to a Class "A" misdemeanor. This isn't uncommon at all. It will help if you don't have significant criminal history and lawyer has a good plan for attacking the evidence. Often, you won't get an offer like this unless your lawyer is willing to set... Read more »

View More Answers

1 Answer | Asked in DUI / DWI for Texas on
Q: I have a Texas driver's license and now live in Texas but going to court in Virginia where I used to live for a dwi they

I have a Texas driver's license and now live in Texas but going to court in Virginia where I used to live for a dwi they said my license may get suspended.. .. so my question is where i live in Texas now and have a Texas license can Virginia suspended my Texas license or just Virginia?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 7, 2022

Your Texas license will be suspended if your Virginia license is suspended,

1 Answer | Asked in DUI / DWI for Texas on
Q: I had a 2nd DWI In Texas. Officer got a warrant for blood after I refused both. Blood came back .173.

A security guard at a dealership called the police they came and I was asleep at a stop light car running, In gear, vomit on myself, and they noted my “bar bracelet”. I have researched everything upon everything for the matter as it is my 2nd mistake and I wanted to take it to trial but it... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 3, 2022

You need never to take another drink and drive, If you drink do it at home and do not drive, The keys to the jail are in your hands,

2 Answers | Asked in DUI / DWI for Texas on
Q: I was arrested for dwi in Texas while I was in parked in front of my off street apt. Police called for me playing music

Police were dispatched to my apt where I was cleaning my vehicle listening to music in front of my small apartment fir noise complaint.

This is a home that has been converted into three small apartments. To access my place one must turn down an entrance that is not easily accessible from... Read more »

Jose A. Ceja
PREMIUM
Jose A. Ceja
answered on May 31, 2022

"Operating" a motor vehicle is not a defined term in Texas so courts look at the "totality of the circumstances" to decide whether a person was really in control of a vehicle.

Sitting in your car and operating the radio is probably not operating. But most prosecutors...
Read more »

View More Answers

2 Answers | Asked in DUI / DWI for Texas on
Q: I have a class a dwi first offense in Texas what is the shortest jail sentence I can serve for this
Jose A. Ceja
PREMIUM
Jose A. Ceja
answered on May 25, 2022

A time-served is essentially the judge sentencing you to the time you were *already* in jail as your sentence, with no further jail time required. Unlike a repeat DWI, this is an option for a first-time DWI. You should note that by law, a "time-served" carries a driver's license... Read more »

View More Answers

1 Answer | Asked in DUI / DWI for Texas on
Q: I was found guilty of my 2nd dwi. However my license still shows eligible on dps website. Am I still legal to drive?

Charge was in April 2021. My license was never taken. Conviction was Jan 2022. On my court papers it's says dic 17 and a 2 year time span beginning the day of the conviction. It's been 5 months now and im still showing eligible on Texas dps website.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on May 14, 2022

It could be a clerks error. If it states you are eligible to drive you can drive but you need to check daily

3 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: can i be charged with 3rd degree with only having 1 piece of evidence of me saying i threw out a cup of alcohol

i was pulled over for not making a complete stop at a stop sign and i told the officer that i tossed a cup of alcohol out of my window when i seen him turn on his lights. i was going down a underpass when i tossed it theres no dash cam footage or any other evidence that i did this except for me... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 9, 2022

Yes, a recorded confession can absolutely give the officer probable cause to justify an arrest. Ask your criminal defense attorney to watch the recording and give you an opinion on whether or not it is enough for the government to prove its case against you beyond a reasonable doubt.

View More Answers

1 Answer | Asked in DUI / DWI for Texas on
Q: Need info on filing a non disclosure petition for a breathalyzer refusal in Brazoria county

It was 17 years ago,but the refusal is keeping me from getting a driving job

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on May 2, 2022

There are not enough facts. We're you charged with a dwi. Call an criminal defense lawyer and after all facts are known a attorney can tell you if you can do a non disclosure

1 Answer | Asked in DUI / DWI for Texas on
Q: In misouri 2003 i lost my driving lincense for 10yrs I took satop program now its 2022 and Texas wont help me

So what can I do to get the

M back

Grant St Julian III
Grant St Julian III
answered on Apr 27, 2022

If the original suspension arises from an incident in Missouri, Texas will not give you a license until they receive a clearance letter from Missouri stating that you have completed all requirements under the laws of that state and there are no further holds on obtaining a license. Talk with the... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: Hello my name is Ashley I just got my first dwi with a kid but I have a prior criminal record with forgery

I also have credit card my forgery was from 2009 and my credit card abuse was from 2016 I believe I want to see if the outcome for my dwi with a kid would be probation if I agree to doing classes community service

Grant St Julian III
Grant St Julian III
answered on Apr 27, 2022

You will have to have this discussion with your lawyer. It's POSSIBLE that you can get probation but what will happen in your specific case depends on the specific evidence in the State's possession. Call your attorney. Good luck.

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: probation was revoked they keep setting it back my next court date is after my probation ends and they keep telling me

That I need to get my community service done..and that I don’t have to report to a officer no more..I’m confused?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 25, 2022

If the motion to revoke and the associated warrant were filed before the end date of probation then that original end date doesn't really matter anymore.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.