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Texas DUI / DWI Questions & Answers
3 Answers | Asked in DUI / DWI for Texas on
Q: I was arrested 9/12/20. 3rd DWI. My court date is 11/2/20. My discovery has not released. my lawyer is from the court

I'm worried, being court appointed, I thought I would know what's going on right now. I need to know what my options are?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 15, 2020

The court setting you mention is just the first time your case is set in court, not a trial setting. At the first setting, your lawyer will probably be given the discovery evidence in your case which you can then go over with him/her. Sometimes it takes a few days after the first setting to get... Read more »

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2 Answers | Asked in DUI / DWI for Texas on
Q: DOES A OFFICER HAVE TO FULLY DEMONSTRATE SOBRIETY TEST? IN PARTICULAR THE HEEL TO TOE TEN STEPS AND BACK?

THE OFFICER ONLY TOOK 3 STEPS WHEN DEMONSTRATING. THEIR WAS 20-30MPH WIND FACTOR WITH RAIN HORRIBLE WEATHER MY UNDERSTANDING IS NHSTA PROCEDURES STATE TEST HAS TO BE FULLY DEMONSTRATED. I ALSO FOUND A PREVIOUS CASE WHERE IT WAS DISMISSED DUE TO COP NOT FOLLOWING GUIDLINES/PROCEDURES IE NOT... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 11, 2020

The officer does not have to perform the entire test in order to properly "demonstrate" what he's asking you to do during the test. In Texas, 3 steps seems to be the usual number of steps officers show the suspect in the heel-to-toe sobriety test.

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3 Answers | Asked in Criminal Law, DUI / DWI and Federal Crimes for Texas on
Q: 5 yrs after completing probation a felon of a DWI is allowed to have gun rights back. Am I allowed to hunt with shotgun

I completed my probation in 2013 and in 2018, by Texas law, I am allowed my gun rights back. From what I understand, A felony DWI in Texas is not a Federal crime, so that would mean that In Texas I would be allowed to hunt with a rifle or shotgun, correct? I just need some clarification.... Read more »

Grant St Julian III
Grant St Julian III answered on Aug 24, 2020

Federal law prohibits a convicted felon from ever possessing a firearm of any kind

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3 Answers | Asked in DUI / DWI for Texas on
Q: Without any blood test, breathalyzer or field sobriety can they still convict a DUI?

Incident is over 2 years ago and all they have is body cam footage of car being off the side of road and suspect being belligerent. Is that enough evidence alone for a conviction? No prior DUI's before this

Grant St Julian III
Grant St Julian III answered on Jul 11, 2020

Short answer: yes, prosecution and/or conviction on DWI cases is still possible without the tests you describe. The State of Texas was prosecuting DWI cases long before blood or breathalyzer test were available. Talk with your attorney. Good luck.

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2 Answers | Asked in DUI / DWI for Texas on
Q: I had a DUI with child pass under 15 back in 2006 I think.im wanting to what type of felony it is

Will it be on my record forever and does this keep me from owning a firearm.i just didnt know if after so long after my dui charge I could own a firearm.i did a dumb mistake years back and its affected my whole life.

Grant St Julian III
Grant St Julian III answered on Jun 17, 2020

Below is a copy of the applicable statute (the current one, not the 2006 statute). If a final conviction was entered on the case, the only way to remove the matter from your record is via pardon from the Governor. A person convicted of a felony can never possess a firearm under federal law. Good... Read more »

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2 Answers | Asked in DUI / DWI for Texas on
Q: I haven't been to court. I haven't ever been charged or arrested for this dwi. I never had an attorney.
Deandra M Grant
Deandra M Grant answered on Jun 10, 2020

I'm not sure what your question is?

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1 Answer | Asked in DUI / DWI for Texas on
Q: I found out I do not have to take a field sobriety test. I don’t drink and gave blood
Anthony M. Avery
Anthony M. Avery answered on Jun 10, 2020

That is probably a mistake, as any medication in your system, prescribed or otherwise, will be used against you. Having a Prescription does not make it okay to be medicated while driving. Hire a competent attorney as I guess that you have been charged with DUI.

1 Answer | Asked in DUI / DWI for Texas on
Q: The county put a warrant on me three years later for DWI so I have court next week and the lawyer is now the judge
Anthony M. Avery
Anthony M. Avery answered on Jun 10, 2020

Not sure of your question. It sounds like you did not show up for Court, which probably embarrassed your lawyer. He will remember you and will undoubtedly recuse himself. Hire a good attorney now to make this as painless as possible.

1 Answer | Asked in DUI / DWI for Texas on
Q: I had a car wreck in 2017 and the guy lost his million dollar lawsuit. His attorney is now my judge. Is this fair??
Grant St Julian III
Grant St Julian III answered on Jun 9, 2020

Your Judge for what? Talk with your attorney about a motion to recuse. Good luck.

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Municipal Law for Texas on
Q: How can I receive any evidenciarte material for my casw

March 25th 1-35 South. Fender Bender. I DON’T DRINK at all. They want to install equipment where I blow into

Kiele Linroth Pace
Kiele Linroth Pace answered on May 27, 2020

Hire a criminal defense attorney to obtain copies of evidence through the "discovery" process outlined in Article 39.14 of the Texas Code of Criminal Procedure.

1 Answer | Asked in DUI / DWI for Texas on
Q: What does the IAT stand for if the charge is "INSUFFICIENT BOND - DRIVING WHILE INTOXICATED 3RD OR MORE IAT"?
Grant St Julian III
Grant St Julian III answered on May 26, 2020

Don't worry about the IAT; I don't know exactly what you are looking at but it's PROBABLY the initials of the clerk who made the entry into the system. Talk with your attorney. Good luck.

1 Answer | Asked in DUI / DWI for Texas on
Q: Why wont the prosecutor throw put my DWI case when i obviously didn't do it?

I had a seizure in my vehicle as I am an epileptic. The police arrested me for DWI. I had no alcohol in my system, but now they say my THC levels were too high, but no marijuana or paraphernalia was in the car.

Roy Lee Warren
Roy Lee Warren answered on Apr 4, 2020

I am sorry for your troubles. If the State cannot prove the "amount" or a quantitative level of the THC that would cause "loss of use of your normal mental or physical faculties" it will not be able to prove your case. In that situation my opinion would be to take the case to trial. Good luck.

2 Answers | Asked in DUI / DWI, Traffic Tickets and Probate for Texas on
Q: Ima trying to know how long ima be locked up for
Grant St Julian III
Grant St Julian III answered on Mar 19, 2020

What are you charged with? Call an attorney in your area.

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Texas on
Q: I was charged with DWI .The police report says the reason I was stopped was for no seatbelt. I wasn't ticketed .

At arraignment th police report says that I was stopped for no seatbelt .I was charged with DWI he claims the oder of alcohol and glossy eyes. On the way out I stopped at traffic ticket office and there is no seatbelt ticket under my i.d Was that a lawful stop?

Herman Martinez
Herman Martinez answered on Mar 5, 2020

The no seatbelt reason is the probable cause for stopping you. A police officer does not write the ticket for the no seatbelt because a DWI is a more serious crime. Nevertheless, a judge may find that the probable cause was not reasonable. Hopefully, you landed in a friendly Houston Harris County... Read more »

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1 Answer | Asked in DUI / DWI for Texas on
Q: After completing a pretrail diversion for a dwi ,if I were to get another one does that count as my first one?
Herman Martinez
Herman Martinez answered on Mar 2, 2020

Yes, you will be considered a first offender because once you complete a pretrial diversion your case is dismissed.

1 Answer | Asked in Criminal Law, DUI / DWI and Civil Rights for Texas on
Q: I am disabled in probation with an officer who don't specialize with people with needs and on SSI what can I do?

Thanks

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 21, 2020

It's not fair to say your attorney did nothing since you are on probation when you could be doing hard time in the state penitentiary after being charged with FELONY DWI and entering a plea of Guilty, or No Contest which is the same as Guilty. If the probation officer told you to pay what you... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: If an officer on the stand says he paced someone and the dashcam shows he didn’t, is that considered purgery?
Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 19, 2020

It depends on where he says it. For example, if he says it on the side of the road when he is hoping to get you to confess then it's not... if he says it in a sworn statement it might be perjury, if he says it while testifying under oath it might be aggravated perjury. Turn to chapter 37 in... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: My aunt is in jail for revoking probation and violating 4 conditions on a DWI 3rd conviction. Any chance she gets out?

I found her parole conditions and she really didn’t take any of the bullet points seriously. Is there any chance the judge will still grant her probation? Or would she have to serve out her guilty verdict of 5 years?

Herman Martinez
Herman Martinez answered on Jan 27, 2020

Yes, it is possible for the judge to keep her on probation. It depends on her violations, how long she has been on probation etc.

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: i have PTD termination court , how can i fight it?

I was making payments and showing up to my appointments until my p.o got fired . I never got reassigned and my calls never got a call back. I got pregnant lost my job and stopped making payments . Now i received a court letter saying i need to show up to court . I have a newborn I’m scared I’ll... Read more »

Herman Martinez
Herman Martinez answered on Jan 27, 2020

I answered this question above...

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: I have PTD Termination court ! What can happen?

I got my first DUI , my first offense and they put me on the PTD program , i showed up. signed in made payments until my probation officer was let go. I never got reassigned a new one and would still show up i only had 230 left . I was pregnant and lost my job and just had my newborn this month but... Read more »

Herman Martinez
Herman Martinez answered on Jan 27, 2020

You should a hire a local lawyer to help you with this situation. I have handled similar situations in the Houston area where the person did not go back to jail. Good luck to you!

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