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Texas DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Texas on
Q: Can I remove someone else's interlock from my car? Their name is no longer on the title

My ex did not follow up with the calibration of the device, and will not complete the steps to have it removed from the vehicle. However their name is no longer associated, in any way, to the vehicle. I am making the payments on this truck, and can not even start it because the device has been... View More

John Cucci Jr.
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answered on Sep 16, 2023

You can remove the interlock. I would send the bill to my Ex.

You have no obligations to him or the court. Therefore, you can remove the device from YOUR vehicle.

Your Ex needs to update the court and/or the probation department about his vehicle status.

I hope this helps.

Good luck!

1 Answer | Asked in DUI / DWI for Texas on
Q: I’m charged with a dwi in Texas. How do I get a new judge? This judge is unreasonable. Even my attorney says so!

Texas criminal law

T. Augustus Claus
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answered on Sep 15, 2023

In Texas, changing a judge in a criminal case is a complex process that typically requires valid legal reasons, such as a conflict of interest, bias, or the appearance of impropriety by the judge. If you believe you have legitimate grounds for a judge change, consult with your attorney, who can... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: Can my probation officer file motion for the removal of interlock from my car or can I do it myself or do I need lawye?

I'm on dwi probation for 17 months and the ignition interlock is to be installed in my vehicle for half of the probation period. I don't make a lot of money and I have spent so much and have debts because of this. Do I need a lawyer to file a motion for the removal of the interlock or can... View More

John Cucci Jr.
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answered on Sep 11, 2023

The good news is that you, your lawyer, or your PO can request the court allow you to remove the Interlock device. If your PO is willing to make the request, that would be the best way as the court usually grants the request from the PO.

If your PO will not do it, it MUST be done by a...
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1 Answer | Asked in DUI / DWI for Texas on
Q: if my husband got 4 years for 3rd dwi how much time will he do prison time and real time
John Cucci Jr.
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answered on Jul 28, 2023

In most DWI sentences, the defendant does about 50% of the sentence time. This number varies from many different factors, and the officials and programs, the defendant completes. If you can get qualified for a "sober house" or similar program, you can be out of jail in less than 50% of... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Personal Injury for Texas on
Q: Is counsel obligated to inform law enforcement if client admits to killing someone b4 any official contract is signed.

If in an initial discussion with a dui attorney (before any paperwork or contract is signed between attorney and client), the prospective client admits to hitting and runing over and killing someone who was in the vehicle with her when the incident she got the dui for happened.. is the attorney... View More

John Cucci Jr.
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answered on Jul 2, 2023

Payment has no impact on the Attorney-Client Privilege.

It is the things a potential client or client says to the lawyer when seeking legal advice that is protected. In your situation, you are covered.

The reason is that the system protects the truthful statements of a potential...
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1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: Im on a deferred adjudication case but tested positive on my second ua I’m going back to court what will happen

My community service supervision officer is sending me back to court in Brazoria county Texas for my second failed UA this is for my DWI Case/ possession case

John Cucci Jr.
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answered on Jun 19, 2023

If you do not have a good lawyer, you better get one ASAP!

Brazoria County is notoriously strict with Deferred Adj. I would recommend getting in a drug treatment program before I go to court.

What will probably happen is that the benefit of the Def Adj., will be lost due to your...
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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
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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.... View 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.
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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... View 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
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... View 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
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... View 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... View More

Jose A. Ceja
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
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... View 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... View 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... View 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... View 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... View More

1 Answer | Asked in Car Accidents, DUI / DWI and Personal Injury for Texas on
Q: I was a victim of a car crash and received a subpoena for a DUI case filed by state of maryland vs other driver.

Was that letter for me or just a notice of the case filed against the other driver?

Grant St Julian III
Grant St Julian III
answered on Aug 28, 2023

No one in this forum can comment on a letter they haven't seen. Take the document to an attorney for review. Good luck.

1 Answer | Asked in DUI / DWI for Texas on
Q: I am searching for help for someone in the Hobby unit for a 3rd+ DUI when she is released. Thank you!

She was transferred here from Linda Woodman on June 1st for unknown reasons despite this being a prison for mostly victim-related felony offences. She is the first in our families to ever be in this situation and I am trying to help her understand the sequence of events after she is released and,... View More

Grant St Julian III
Grant St Julian III
answered on Jul 29, 2023

I am not sure of your exact question, but it seems like therapy/rehab info is what you're seeking to help your family member

1 Answer | Asked in DUI / DWI for Texas on
Q: How can u get out of a 5 dwi
John Michael Frick
John Michael Frick
answered on Jul 7, 2023

You have two viable options: 1) prove that you were not operating a motor vehicle, or 2) prove that you were not intoxicated.

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