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Texas DUI / DWI Questions & Answers
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
Bradlee Hines Thornton
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.... Read more »

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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. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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: 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
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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 »

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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
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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...
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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 »

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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

Actually, if you already signed for deferred adjudication, that means you already confessed AND entered a guilty plea. The time to fight the case is BEFORE you take a plea. I'm guessing you've got better things to do with your money than spending $20K on an appeals attorney for a... Read more »

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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.

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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, DUI / DWI and Federal Crimes for Texas on
Q: Is there anyway to get a 30 year old DWI felony expunged?

I want to get my rights to carry a gun back. Is there anyway to do that with these felony DWI’s that are 30 years old?

Penny Wymyczak-White
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Penny Wymyczak-White
answered on May 21, 2023

No you cannot expunge convictions ..

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: im looking to obtain pretrial papers from 2018 tht i signed stating the vehicle interlock was replaced by in home

im seeing charge i have to pay because im looking to get my license back. But pre-trail tells me i have to request tht from the court i was in, and tht is something my lawyer would have to get for me. But this was 2018, i know i had a court appointed attorney, but i don't remember the... Read more »

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2023

All of your paperwork from your case is in the court clerk's file. You have the right to see the file and make copies of any document in it.

Go to the clerk asap to get your answers.

Good Luck!

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: I've been out on bond for over 2 years. Bondsman and courts failed to notify of court date. Warrant issued. Statute law?

I have been on bond for a misdemeanor dwi for over 2 years.check in weekly and No notice of court date from bondsman or district clerk . Warrant issued 3 days ago. Isn't there a statute of limitations on a case like this?

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Apr 3, 2023

You have already been charged so there is not a statute of limitation problem . You need to retain a lawyer,

1 Answer | Asked in DUI / DWI for Texas on
Q: My First offense ever, "DWI" how likely could I receive deferred adjudication?

Getting pulled over outside a military base ended up getting a DWI due speeding.. what would likely be my out come out of this? I hold a professional license under Texas and I've been told i could still have my job only if I get my case "deferred adjudication"

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Feb 14, 2023

If you are in Harris county you may be able to get PTI which is better than deferred, You can also get deferred on Bac depending Bac . Retain a lawyer.

1 Answer | Asked in Criminal Law, DUI / DWI and Lemon Law for Texas on
Q: I was on Probation the judgel ordered a interlocking device but I ended up signing off the interlock removal & did time

I need help with getting the interlock removal form that was signed to release the device so i can obtain my license

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Feb 6, 2023

You may be able to go to court and ask the PO for the the form

1 Answer | Asked in Cannabis & Marijuana Law, DUI / DWI and Immigration Law for Texas on
Q: Being stopped in Texas, the driver was intoxicated, with weed in the car and the passenger is an immigrant...

- deleted -

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jan 19, 2023

Any arrest could impact your immigration I would not ride in the car with him under this set of facts,

1 Answer | Asked in DUI / DWI for Texas on
Q: I was charged with a 3rd dwi on 1-12-2023. My last conviction was in 2003. Do I have any chances of no jail time?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jan 16, 2023

Yes there is a chance. Retain a lawyer asap

1 Answer | Asked in DUI / DWI for Texas on
Q: I have a case in Oklahoma and there trying to get my pass creminal history to posicute me
Grant St Julian III
Grant St Julian III
answered on Jan 2, 2023

I am not sure of your exact question but if your case is pending in Oklahoma, jurisdiction lies in that state and you need to discuss the matter with an attorney licensed there. Good luck.

1 Answer | Asked in Civil Rights, Constitutional Law and DUI / DWI for Texas on
Q: I was hit by a drunk driver who passed the red light and hit me and in the police report is saying I’m at fault

My insurance has said I’m not at fault is there anything I can do

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 15, 2022

Your insurance company should be handling the case for you, If they are not handling the case retain a lawyer,

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