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Texas DUI / DWI Questions & Answers
3 Answers | Asked in DUI / DWI and Employment Law for Texas on
Q: Can Charles Schwab rescind my job offer due to a DWI conviction?

I have a convicted DWI charge in Texas, and I have received a job offer from Charles Schwab for a Software Development Engineering in Test (SDET) position. Charles Schwab has requested my court disposition. I'm concerned about whether they can rescind the job offer based on my DWI conviction.... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Mar 4, 2025

Assuming the job offer is for here in Texas, the deal is that since we are what's called a "right to work" state, the Schwab job offer can be rescinded with or without reference to your DWI conviction.

Now if this job offer was reduced to a written contract between you and...
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1 Answer | Asked in DUI / DWI and Employment Law for Texas on
Q: Can I seek early termination of my DUI probation in Texas?

I am currently 8 months into a one-year probation for a DUI in Travis County, Texas, with a scheduled completion date of June 26th. I've completed all conditions of my probation and have consistently had clean reports. My probation officer considers me "low risk," and we conduct our... View More

John Cucci Jr.
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answered on Mar 4, 2025

It is rare to see an early termination when someone gets only 1 year of probation on a DWI.

You would need your PO to join your application for early termination. If you get him to say yes. Get it in writing, then file a motion to terminate with the court. It would help if there was a...
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1 Answer | Asked in DUI / DWI and Gov & Administrative Law for Texas on
Q: Options for moving from TX to NH with probation.

I received my first DWI in March of last year in Texas with a low BAC and no associated accidents or injuries. I was given Deferred Adjudication for 9 months, attended a Victims Panel, completed a DWI Course, and did volunteer work as required. I have an IID installed, with no violations, and have... View More

John Cucci Jr.
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answered on Feb 24, 2025

The easy answer is you can have your probation transferred, but you need to start with NH. You need to contact the County probation office, and get a contact person there, and all the details about contacting the NH probation office.

Once you have contacted NH, then+you tell your PO in TX...
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1 Answer | Asked in DUI / DWI and Gov & Administrative Law for Texas on
Q: How to address potential license cancellation during probation with interlock requirement?

I'm currently on a 12-month probation with a mandatory interlock device requirement for the first 6 months, which started last month. Recently, I received a letter notifying me of a potential license cancellation, scheduled for 03/08/2025. I checked the DPS website for more details and have... View More

Jim  Butler
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answered on Feb 24, 2025

The good news is that you have done all that you need to do at this time. What you described is common. Once a court order is entered, saying that you are required to have an interlock installed in your vehicle, a copy of that order is sent to DPS in Austin, who then sends you the notice of... View More

2 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for Texas on
Q: Can statute limitations start from arrest date not incident?

I was in a car accident in Texas in December 2022 while intoxicated and was hospitalized for two weeks. I dislocated my hip, used a cane, and attended physical therapy. I turned myself in in August 2023, but the authorities claim the statute of limitations starts from August 2023, not from the... View More

Jim  Butler
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answered on Feb 19, 2025

The question I have is when did they file the criminal information for the DWI and the carrying a weapon cases? The statue of limitations on a Misdemeanor in Texas is two years. So they had two years from December 2022 to file charges. So hypothetically, if charges were not filed until January of... View More

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2 Answers | Asked in DUI / DWI and Immigration Law for Texas on
Q: Will my pending DUI affect my I-751 interview on Feb 24?

I have a pending I-751 waiver application and was recently cited for a DUI. I turned myself in, got arraigned, posted bail, and hired a criminal lawyer. My court case has not been filed yet, so there hasn’t been much done on that front. I have an initial interview for my I-751 application... View More

John Cucci Jr.
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answered on Feb 16, 2025

You need to see your criminal lawyer immediately. You need to see if you can win your case or get a plea deal that will allow you to have the case dismissed later, or deferred adjudication. If you can not do that.

Then you need to see an Immigration attorney immediately. My office does both...
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1 Answer | Asked in Immigration Law and DUI / DWI for Texas on
Q: Will pending DUI affect my i-751 interview?

I have a pending i-751 waiver application, which is currently out of processing time. Unfortunately, I was charged with a DUI in September 2024. I have since been bailed out and hired an attorney. My case has not been filed yet, so the attorney hasn't needed to take any action. If I receive a... View More

James L. Arrasmith
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answered on Feb 17, 2025

You should definitely disclose the pending DUI charges during your I-751 interview, as failing to do so could be considered withholding information and potentially harm your case more than the DUI itself. USCIS officers have access to various databases and background checks, so they may already be... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: I am being charged with a second DWI I have a the blood test results no drugs or alcohol can I be convicted??

I have a court appointed attorney he says they are going to pull the video dashcam footage

Jim  Butler
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answered on Jan 31, 2025

I sure hope not. A person can only be convicted of DWI if they are "intoxicated" at the time they operated their motor vehicle. "Intoxicated" means that the person has lost their normal mental and/or physical faculties, due to the introduction of alcohol, a controlled substance,... View More

2 Answers | Asked in DUI / DWI and Civil Rights for Texas on
Q: If blood is drawn before warrant is issued is it admissable in court
Jim  Butler
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answered on Jan 13, 2025

So was there a warrant for the blood draw, but the blood draw took place before the warrant was actually signed? I need more information to better answer your question. Nowadays where search warrants are sworn out over the phone, and fax machines are employed - mistakes in procedure can happen. The... View More

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1 Answer | Asked in DUI / DWI for Texas on
Q: What case would include two perspectives for a dwi project?

I am doing a project on DWI's for school and need a case that includes the prosecutors and defendants perspective to be used as research.

Jim  Butler
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answered on Jan 1, 2025

Case law is made when someone appeals a ruling from a lower court - usually the trial court - to the appellate court. In a criminal case, the appellate court will consider the arguments of both the Defense and the Prosecution, and then render a decision to either uphold the trial courts ruling or... View More

1 Answer | Asked in DUI / DWI, Civil Rights, Constitutional Law and Federal Crimes for Texas on
Q: The cops and a family member couldn't find a way to legally arrest me until this... Is this conspiracy, entrapment?

"Yeah, if he takes off on the quad again, he's probably going to the store, which means it's a DWI."

Officer ...: "You call us on that. It's also not street legal."

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

No, this is not conspiracy or entrapment.

1 Answer | Asked in Criminal Law, DUI / DWI and Appeals / Appellate Law for Texas on
Q: How can I get a senting to jail over looked and dismissed ,

the state the probation and my lawyer all agreed on a second chance extend probation Ginsburg off my terms of probation and the judge said no to that and sentenced me to jail this is my first offense and I haven’t been in trouble the four yesrs following my arrest . When an mrt was issued I had... View More

John Cucci Jr.
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answered on Dec 3, 2024

It's hard to know your status right now. Meaning that I do not know if you are on probation right now or if you are concerned with a new charge.

If you are on probation, and need to detox, or other kind of help, your lawyer can make a motion to alter or change the details of your...
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1 Answer | Asked in DUI / DWI for Texas on
Q: Can a police officer take your pulse or blood pressure without your consent during a DRE examination for DWI?

If yes, do they need a warrant from a judge? And if you refuse, are there any penalties? I am interested in knowing what the law says in Texas, but I am curious about the laws in other states as well.

Jim  Butler
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answered on Oct 28, 2024

This is a great question. The DRE evaluation just like the Standardized Field Sobriety Tests is voluntary. You agree to allow them to perform the evaluation. This evaluation must be done down at the station and the first step in the 12 step process is getting a sample of your breath - to rule out... View More

1 Answer | Asked in Traffic Tickets and DUI / DWI for Texas on
Q: Can I say CORPUS DELICTI against traffic violations.
John Michael Frick
John Michael Frick
answered on Oct 18, 2024

Absolutely. It won't prevent you from receiving a citation or from being arrested for a serious violation like DWI. But you can certainly say it if you like.

Whether you say it or not, the principle of corpus delicti applies, and the State must present sufficient evidence to prove...
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1 Answer | Asked in DUI / DWI for Texas on
Q: I got a dwi in june 2023 at 17 then i picked up another one the same year but was only charged for the second one

i just got a call from court telling me i have court for my first dwi offense, will i go to jail?I’m currently on probation for the second dwi but like i said my first one was never charged or called up for court until now 1 year and 2 months later

Jim  Butler
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answered on Oct 1, 2024

You need to hire an experienced DWI Defense Attorney to help you with this one. That would be my first call. Most attorneys will give you a free consultation. My second call would be to a Bonding Company. Are you currently out on bond on the second DWI - the one you were charged with? If so, I... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: I have caught three dwi in less than one year

I got 3 dwi in less than one year. I have not been convicted on any. I had gone to court before getting my third one & had been admonished by the judge. I have court again next week. How much jail time am I looking at ?

Jim  Butler
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answered on Oct 2, 2024

If I understand your question correctly - and assuming these are the only charges you have on your record - the maximum jail time you could receive is up to 180 days in jail and up to a $2000 fine. But those are the maximum punishments - not what's likely to happen. It's fortunate that... View More

2 Answers | Asked in DUI / DWI for Texas on
Q: Is there a way to look up if I’ve been released from my breathalyzer
Trey Porter
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answered on Sep 22, 2024

Yes - there are two ways to find out if you've been released from a breathalyzer device. The first place is Texas DPS: https://txapps.texas.gov/txapp/txdps/dleligibility/login.do. Check your driver's license eligibility page to see if the ignition interlock device is still listed as a... View More

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1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: Blood search warrant had a typo in the name. What will happen can I sue the police department?

Stopped and arrested for dwi

John Michael Frick
John Michael Frick
answered on Aug 8, 2024

A typo does not necessarily invalidate a warrant. Generally speaking, you cannot sue police for stopping you and arresting you for DWI even if you are ultimately found not guilty. Theoretically, you could sue if you can show the officer knew you from outside of his occupation as a police officer... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Health Care Law for Texas on
Q: I have myofascial syndrome and because the officers didn't like my answers they decided it was narcotics and threw jail

They didn't find anything in purse. On me or in vehicle. Need a lawyer to defend me in court. I took blood test and shouldn't have been arrested. I was stressed and confused which is a symptom of my disease

Justin Barrett Wilson
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Justin Barrett Wilson
answered on Jul 5, 2024

Sadly I have seen many DWI arrests take place when officers misinterpret a physiological or neurological condition as intoxication. While I completely understand your frustration about the situation, I can hopefully shed some light on the situation for you.

First of all, your case points...
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