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Texas DUI / DWI Questions & 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
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

2 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.

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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
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 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Q: probation was revoked they keep setting it back my next court date is after my probation ends and they keep telling me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.

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 »

0 Answers | Asked in DUI / DWI for Texas on
Q: What is office of criminal justice policy and planning programs. I got probation for a dwi

I got probation for a DWI. I have a interlock device and I got a ticket for driving with invalid license

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.

2 Answers | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Municipal Law for Texas on
Q: Q: I am researching info about possibility of expungement and/or cleared convictions.

I was a real piece of work in my youth. Reckless, lonely, hard drinking party animal.

I was convicted of my first DWI March/2009 in Rockwall, TX. I was under the age of 21. I plead guilty and took jail time after originally choosing probation.

In Aug/2013, I was arrested on a DWI at... Read more »

Penny Wymyczak-White
Penny Wymyczak-White answered on Apr 17, 2022

Your only chance would be a pardon but I think it would be very difficult to get pardoned

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1 Answer | Asked in DUI / DWI for Texas on
Q: My 19 year old son is in college in Texas and got a MIP in January. He got a DWI on Friday night. What usually happens?

He refused all the tests and they had to get a judge to do a warrant for the blood test.

Grant St Julian III
Grant St Julian III answered on Apr 14, 2022

You son is an adult for criminal purposes and the degree of offense that he will be charged with will depend on his blood/alcohol concentration. If he has a Texas driver's license, there are license suspension issues he must address within 15 days of his release, so I suggest he contact an... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: Is it possible to get my first DWI dismissed?

I did blow a .18

I barely weighed 123lbs at the time and my first time seeing my friend in 3 years. We had about 8 shots in less than an hour unfortunately. I do not drink anymore and know that it was a big mistake. My current attorney said I'd be getting 16 months probation and... Read more »

Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 26, 2022

You can retain another lawyer to evaluate your case, Your breath test is high so you will need to try to get this suppressed and that is not an easy task.

2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: How to file a motion to speed up my charges

I was arrested in September and still have not gone to court

Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 10, 2022

Fie a Speedy Trial motion, You may want to hire a lawyer before you file a speedy trial request,

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1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Texas on
Q: I was false accused of having Tabacco in the state of texas

So this guy I was near was vaping in school and he moved his hand near my and I moved his away and my school principal thought I was passing him a vape and they are sending both of us to court

Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 12, 2022

Retain a lawyer to assist you, Your friend could also tell the truth and help you out . If it is on video your pricipal shoud replay it on slow and pause it,

1 Answer | Asked in DUI / DWI for Texas on
Q: I have a lawyer who just not responding.

Apparently I have a warrant out again. Not sure why if my case is still pending. What should I do. It says in my record to recall all warrants. But one was issued anyway.

Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 11, 2022

Retain a new lawyer or go to your attorney office and get an update, You could also call a bondsman and they may be able to tell you if there is a warrant,

1 Answer | Asked in Criminal Law, DUI / DWI and Immigration Law for Texas on
Q: I recently got a dwi and court ordered to get a interlock device. I dont have a license and can't due to legal status

Will it be an issue to install? My daughter was going to be the one driving me to and from work but a friend told us if im in the car where the device is connected I have to be the one driving. I don't know how true that is

Vonnie Clay Dones III
Vonnie Clay Dones III answered on Feb 3, 2022

Your daughter must take and pass a breath test in order to start the vehicle. All drivers should be trained on the operation of the device.

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: arrested for felony DWI. While waiting to be transported to booking I needed to urinate.

Cop pulled me out on the Expressway and Had me urinate on the side of the expressway. Could thus effect/dismiss my charges in any way? It’s illegal right?

Benson Varghese
Benson Varghese answered on Feb 3, 2022

From a legal perspective, no it won't make a difference. From the standpoint of how officers treat you may make a difference to jurors, possibly.

These are more common issues that come up: https://www.youtube.com/watch?v=_Y3dbpPGgzI

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: Am I responsible if my probation officer has not enforced my conditions of probation?

I was sentenced to 10 years probation back in 2016. I was ordered to do 1 weekend in jail a year until I complete 100 hours to honor the victim and have never done a weekend yet. I got a violation in 2018 and completed the conditions for that revocation. I got another violation in 2020. I was... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 20, 2022

It is YOUR responsibility to comply with the terms and conditions of probation. The court put you on probation and only the court can modify or revoke your probation. Your probation supervision officer's role is to monitor your progress and report to the court regarding your compliance (or... Read more »

1 Answer | Asked in DUI / DWI and Employment Law for Texas on
Q: can someone be fired for a dwi, yet others in their job field received the same charge and were not fired?

civil service employee charged with dwi off duty. is being told she is to be terminated as per collective bargaining agreement. per CBA they are subject to termination. however, previous dwi accounts concerning other employees over the last year did not result in termination

Penny Wymyczak-White
Penny Wymyczak-White answered on Dec 7, 2021

You can be fired if that is part of the agreement. Retain a lawyer and try to get the DWI dismissed .

1 Answer | Asked in Civil Rights and DUI / DWI for Texas on
Q: My fiancé was arrested for DWI and the officer tried to take his blood himself at the police station. Is this legal?

He was arrested for dwi in 2018. He is diabetic and police wanted to take blood to get his BAC. The cop tried to draw his blood himself in the police station himself and kept missing his vein. He has been waiting since 2018 to get a court date and it kept getting pushed out. We finally found out... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Nov 11, 2021

What should you do now that your boyfriend's case has been "dropped"? You both should thank your lucky stars that the nightmare is over. If you think about suing the police, go talk to a civil rights attorney. I doubt you'd be able to get a good lawyer to take the case without... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: How does a DWAI conviction in New York affect my Texas driver’s license. Will my Tx license be suspended??

My case is currently being pleaded down to DWAI, in New York, that is a traffic violation w/a BAC of .07. Texas does not have an equivalent. My New York attorney is unable to council me on how it will affect the Texas driving privileges.

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 6, 2021

In both New York and Texas, a DWI can mean that the driver is legally intoxicated, with a blood alcohol content of at least 0.08 percent. Under NY law, DWAI means "driving while ability impaired, either by drugs or, in your case, by ingestion of alcohol which results in a BAC (blood alcohol... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: How much bond for failure to appear in court for the second time in Texas for a DUI

The original DWI bond was 1000. Failure to appear in court the second time was 5000. What approximately would

it be to bond out for failure to appear the second time? I'm the only one that can bond myself out (I'm too high

risk for the bail bondsman) so I am bringing... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Sep 20, 2021

This is very simple. Hire a lawyer immediately and have him or her take you to court to arrange the new bond. The actual amount of your new bond depends on many things that only a good local criminal lawyer can successfully communicate to your prosecutor and your judge. Don't try to do this... Read more »

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