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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
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 28, 2025
The officer cannot legally require a blood test under the circumstances without a warrant.
He can ask you for a blood sample. The State can suspend your drivers' license under our implied consent law if you refuse. But the officer cannot legally take a blood sample from you without... 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 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 6, 2025
It depends on your race and ethnicity and what your essential job functions will be. An employer may use an applicant's criminal history in making hiring decisions only if that history is relevant to an essential job function. For example, if part of your job involves travelling or operating... 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
answered on Feb 19, 2025
No, they cannot. But the statute of limitations only governs how long from when the even happened must the formal charges be filed. As long as the formal charges are filed within the prescribed time period, the statute of limitations is met. Typically, the formal charges can be amended even... 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 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
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
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... View More
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 ?
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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
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
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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
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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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