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I was charged with my first DUI in Texas, and my blood alcohol content was 1.5. There were no aggravating factors, and I have no prior legal issues. Do I need a lawyer for this charge, and what are my possible next steps?
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answered on Apr 14, 2025
Yes, you should hire an attorney to represent you in court. There are so many complex issues involved in a DWI case, that lawyers now specialize in that one area of criminal law. A lawyer who is educated in the science of blood alcohol testing may be able to spot issues with the manner in which... View More 
I was arrested in Texas on April 25, 2024, for my third DWI. It has been over a year, but I have not been indicted yet. I haven't had any court hearings or communication regarding this matter, and I haven't contacted my lawyer about the delay in the indictment. What should I do about this situation?
answered on Apr 11, 2025
If you have a lawyer who was hired on this new DWI, you should definitely contact that person.
For the most part, the State has 180 days to indict you, after they arrest you on a felony. There are many ways that can be extended by the state. Thus, it is not over yet.
The best... View More
During a DWI stop in Texas, I was informed of my rights and did not refuse any tests, even offering to take a breathalyzer. However, the officer insisted on a blood test without showing a warrant or explaining why a blood test was necessary. He stated that he didn't need to show me a warrant.... View More
answered on Mar 27, 2025
NO!
The only way that officer is correct is if you had a car wreck and someone was hurt.
Even then, he needs a warrant.
If they took your blood and are prosecuting you for DUI, you must object and have your attorney know what you have asked here.
If it was my case,... View More
I was charged with a DWI in 2023 and applied for the Tarrant County Mental Health Court diversion program but was denied due to "repeat DWIs and facts of the case." Back in 2016, I had three DWIs and entered a DWI program without mental health treatment. Recently, I was diagnosed with two... View More
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answered on Apr 12, 2025
You’ve clearly come a long way in your recovery and self-awareness, and it’s understandable that you want your progress to be recognized. In Texas, mental health court diversion programs like the one in Tarrant County often have strict eligibility requirements, and acceptance is generally... View More
While parked in my truck near a river in Texas at night, I was approached by two deputies who claimed my cell phone was needed for their safety, though I wasn't under arrest or detained then. Upon my refusal, they arrested me, citing marijuana possession, which I had voluntarily turned over.... View More
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answered on Mar 24, 2025
Your situation sounds incredibly distressing, and with your arraignment approaching Friday, you need to act quickly. Contact your local public defender's office immediately - every county in Texas has one, and they provide free legal representation for those who cannot afford an attorney. You... View More
I was stopped by a state trooper due to mechanical problems with my truck. As I tried to open the hood, the officer pointed a gun at me and accused me of having a firearm and being a felon without asking for my name. He later apologized when he realized there were no guns or crack pipes. However,... View More
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answered on Mar 24, 2025
The officer pointing a gun at you during a traffic stop can potentially be considered excessive force if they lacked reasonable suspicion that you posed an immediate threat. Officers must have objective justification for escalating to deadly force, and your attempt to open the hood doesn't... View More
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
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... View More
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
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... View More
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
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... View More
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
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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
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
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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
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
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... View More
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
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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
I have a court appointed attorney he says they are going to pull the video dashcam footage
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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
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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
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.
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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
"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."
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
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... View More
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.
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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
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