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Texas DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: My son's court appointed attorney agreed to a six month Safe P program for a DWI.

The judge agreed and signed off for the six month program. The day the classes started, my son and the others in the same program, were told by an employee of the private company it is a nine month program, not six as the court had stated. Does the company have the right to extend the judge's... View More

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

In Texas, “SAFE P” is a part of the state's Substance Abuse Treatment Program (SATP) run by the Rehabilitation Programs Division of the Texas Department of Criminal Justice (TDCJ). It is a six-month in-prison program. It is not run by a private company.

A private company does not...
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2 Answers | Asked in Criminal Law, DUI / DWI, Federal Crimes and Juvenile Law for Texas on
Q: I'm 13 and I got caught with 3 disposables on school prpty and 2 were empty one was full of honey, what am I facing.

They also put me down as selling on school property

Jim  Butler
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answered on Feb 4, 2024

We are talking "honey", "budder" - the vape cartridges that contains Delta 8,9, or 10 ? I'm not sure what your schools policy is if you are caught with a vape that contains one of these oils. If it turns out to be Delta 9 they could charge you with possession of marijuana... View More

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2 Answers | Asked in DUI / DWI for Texas on
Q: I was arrested September 3rd charged with DWI have not been indicted yet. Where do I stand?
Jim  Butler
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answered on Jan 31, 2024

Was this DWI filed in Harris County, Texas? In Harris County, when you are arrested for suspicion of DWI, the Police Officer gets on his cell phone and calls the DA's (District Attorney's) office, and lays out the facts of the case. The DA then either accepts or rejects the charges. If... View More

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2 Answers | Asked in DUI / DWI for Texas on
Q: I was arrested September 3rd charged with DWI have not been indicted yet. Where do I stand?
John Michael Frick
John Michael Frick
answered on Jan 30, 2024

If you have been charged, as indicated in your question, you should have by now received a court date for your announcement. For a misdemeanor DWI, this typically occurs within 4-6 weeks of your arrest.

A misdemeanor DWI would be charged by information, not by indictment. It can take...
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2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: Can I seal a DWI if I plead guilty to a misdemeanor B DWI but the original charge was a class A misdemeanor?

First criminal charge in McLennan County. Blew 0.16 but later plead guilty to misdemeanor B (dropped enhancement) and also was placed on probation. Lawyer told me it is deferred adjudication but officer tells me it is adjudicated so I also have questions about this as well.

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Jan 19, 2024

In Texas, if a person received a deferred adjudication for a misdemeanor offense that person may be eligible for a sealing (non-disclosure), but NOT an expungement, if it has been two years since their case was dismissed and have no other DADJs. For DWI misdemeanor convictions, the waiting period... View More

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2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: Can I seal a DWI if I plead guilty to a misdemeanor B DWI but the original charge was a class A misdemeanor?

First criminal charge in McLennan County. Blew 0.16 but later plead guilty to misdemeanor B (dropped enhancement) and also was placed on probation. Lawyer told me it is deferred adjudication but officer tells me it is adjudicated so I also have questions about this as well.

John Cucci Jr.
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answered on Jan 19, 2024

Unfortunately, unless the court made it part of your plea, you can not seal or expunge a DWI conviction in TX.

If it was part of a Deferred Adjudication, then there may be a chance for an expungement. But, I would need to see all the paperwork and the final judgment. If the case was...
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2 Answers | Asked in DUI / DWI for Texas on
Q: Do the state of Texas have 180 days to indict you on dwi misdemeanor
T. Augustus Claus
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answered on Nov 29, 2023

Yes, the state of Texas has 180 days to indict you on a DWI misdemeanor. This means that the prosecutor has 180 days from the date of your arrest to file an indictment with the grand jury. If the prosecutor does not file an indictment within 180 days, your case will be dismissed.

However,...
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2 Answers | Asked in DUI / DWI for Texas on
Q: Do the state of Texas have 180 days to indict you on dwi misdemeanor
John Michael Frick
John Michael Frick
answered on Nov 29, 2023

I respectfully disagree with my colleague. If you are being held in jail, and not released on bond, the DA has 180 days to file formal charges against or you will become entitled to be released on a personal recognizance bond when the 180 days expires. The DA has two years from the date of the... View More

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1 Answer | Asked in DUI / DWI for Texas on
Q: Can I remove someone else's interlock from my car? Their name is no longer on the title

My ex did not follow up with the calibration of the device, and will not complete the steps to have it removed from the vehicle. However their name is no longer associated, in any way, to the vehicle. I am making the payments on this truck, and can not even start it because the device has been... View More

John Cucci Jr.
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answered on Sep 16, 2023

You can remove the interlock. I would send the bill to my Ex.

You have no obligations to him or the court. Therefore, you can remove the device from YOUR vehicle.

Your Ex needs to update the court and/or the probation department about his vehicle status.

I hope this helps.

Good luck!

1 Answer | Asked in DUI / DWI for Texas on
Q: I’m charged with a dwi in Texas. How do I get a new judge? This judge is unreasonable. Even my attorney says so!

Texas criminal law

T. Augustus Claus
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answered on Sep 15, 2023

In Texas, changing a judge in a criminal case is a complex process that typically requires valid legal reasons, such as a conflict of interest, bias, or the appearance of impropriety by the judge. If you believe you have legitimate grounds for a judge change, consult with your attorney, who can... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: Can my probation officer file motion for the removal of interlock from my car or can I do it myself or do I need lawye?

I'm on dwi probation for 17 months and the ignition interlock is to be installed in my vehicle for half of the probation period. I don't make a lot of money and I have spent so much and have debts because of this. Do I need a lawyer to file a motion for the removal of the interlock or can... View More

John Cucci Jr.
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answered on Sep 11, 2023

The good news is that you, your lawyer, or your PO can request the court allow you to remove the Interlock device. If your PO is willing to make the request, that would be the best way as the court usually grants the request from the PO.

If your PO will not do it, it MUST be done by a...
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1 Answer | Asked in DUI / DWI for Texas on
Q: if my husband got 4 years for 3rd dwi how much time will he do prison time and real time
John Cucci Jr.
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answered on Jul 28, 2023

In most DWI sentences, the defendant does about 50% of the sentence time. This number varies from many different factors, and the officials and programs, the defendant completes. If you can get qualified for a "sober house" or similar program, you can be out of jail in less than 50% of... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Personal Injury for Texas on
Q: Is counsel obligated to inform law enforcement if client admits to killing someone b4 any official contract is signed.

If in an initial discussion with a dui attorney (before any paperwork or contract is signed between attorney and client), the prospective client admits to hitting and runing over and killing someone who was in the vehicle with her when the incident she got the dui for happened.. is the attorney... View More

John Cucci Jr.
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answered on Jul 2, 2023

Payment has no impact on the Attorney-Client Privilege.

It is the things a potential client or client says to the lawyer when seeking legal advice that is protected. In your situation, you are covered.

The reason is that the system protects the truthful statements of a potential...
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1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: Im on a deferred adjudication case but tested positive on my second ua I’m going back to court what will happen

My community service supervision officer is sending me back to court in Brazoria county Texas for my second failed UA this is for my DWI Case/ possession case

John Cucci Jr.
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answered on Jun 19, 2023

If you do not have a good lawyer, you better get one ASAP!

Brazoria County is notoriously strict with Deferred Adj. I would recommend getting in a drug treatment program before I go to court.

What will probably happen is that the benefit of the Def Adj., will be lost due to your...
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1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: My daughter was killed by a drunk and high driver who had cocaine on him. Navigation proves he was in her lane. The DA

Is not filing charges on him for manslaughter, just DWI and possession, because they say my daughter was driving too fast. She was going 93 mph on impact. Can they seriously not charge this man with manslaughter for killing my daughter because of that reason?

John Michael Frick
John Michael Frick
answered on Apr 12, 2023

Yes. Everything depends on how the collision between the vehicles occurred. Sometimes, a driver’s state of intoxication is not what caused a collision.

For example, if the drunk driver was driving safely in the same lane of traffic and your daughter crashed into his vehicle from...
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2 Answers | Asked in DUI / DWI for Texas on
Q: Charged with 3rd dwi with a prior felony evading 20yrs ago. What are the odds of probation in texas? Last dwi 2003
Bradlee Hines Thornton
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answered on Jan 30, 2023

If it is a true 3rd DWI, then your chances would normally be pretty good to get probation across Texas. This is assuming there were no extenuating circumstances like evading, threatening the officer, involvement in a crash, etc.

The prior evading adds many variables. If you went to prison...
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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.... View More

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1 Answer | Asked in DUI / DWI for Texas on
Q: I had a license suspended for a dui. How long should I wait to try and get it reinstated.
T. Augustus Claus
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answered on Oct 17, 2023

You should try to get your license reinstated after you have met all of the requirements for reinstatement and feel ready to drive again and for personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

1 Answer | Asked in DUI / DWI for Texas on
Q: How long after a dui should I try and get my license reinstated?
T. Augustus Claus
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answered on Oct 17, 2023

You should try to get your license reinstated after you have met all of the requirements for reinstatement and feel ready to drive again. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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