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Texas DUI / DWI Questions & Answers
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...
Read more »

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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
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jan 23, 2023

It depends on what county you are in. There is always a chance you can get probation. Retain a lawyer to assist . If you have a drinking problem start going to AA.

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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...

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Penny Wymyczak-White
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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,

2 Answers | 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
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Penny Wymyczak-White
answered on Jan 16, 2023

Yes there is a chance. Retain a lawyer asap

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2 Answers | 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?
Clyde W. Burleson
Clyde W. Burleson
answered on Jan 16, 2023

There's almost always an opportunity to avoid jail, especially with your last DWI being 20 years ago. That said, you'll need a DWI lawyer to give yourself the best chance. It's impossible to give a complete answer without knowing all the facts of the case and your past, but... Read more »

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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
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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,

1 Answer | Asked in DUI / DWI for Texas on
Q: Part of my plea deal was 6 mo/s remote breathalyzer 3x daily. Could this requirement ever be removed for good behavior?

(First DUI, San Antonio texas) If I pass all of my breathalyzer tests, random drug tests, pay court fees, is it possible I could request my attorney or probation offier remove this requirement early? Like after 3 months or so? I'm on one year probation. I know I can't reduce the... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Dec 11, 2022

I would would wait 6 months and then have your lawyer approach the judge and ask to have it removed ,

1 Answer | Asked in DUI / DWI for Texas on
Q: What to do if police pulls me over for drink driving
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Dec 4, 2022

It depends, If you are not drinking take breath test. If you are drinking keep your mouth shut. Do not take breath test or field sobriety test.

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 DUI / DWI for Texas on
Q: Should I plead guilty or not guilty on a dui charge at .4 on breathalyzer . I’m 20 years old
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Nov 1, 2022

You should retain a lawyer. You passed the breath test but additional facts have to be discussed

1 Answer | Asked in DUI / DWI for Texas on
Q: First offense dwi with kid under 15.. I have no lawyer .. What would be the best option for me. ?

I really need help and lawyers cost alot. I screwed up. And this will never happen again. Just need to know how to get probation and not any jail time for this. If I need to pay the fees fine.. just would rather keep my job to pay whatever needs to be paid in payments... plz help...

Grant St Julian III
Grant St Julian III
answered on Oct 20, 2022

You are facing felony charges. GET AN ATTORNEY. Good luck

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.
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: I was given 10 yr felony probation for a 3 or more dwi in texas, I have a scram on.

My Attorney at the time said I would have to wear it the whole 10 years, is this true?...it says nowhere on any paperwork about the time.

Thank You,

Scott

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Sep 29, 2022

You can ask the judge to remove the scacr device. If there are no violations they may grant your request

1 Answer | Asked in DUI / DWI and Traffic Tickets for Texas on
Q: Do I need to get a lawyer and how could it help

My so. Was involved in an accident. He was given a citation for failure to control speed but he was taken to the hospital under protective custody. One I got the police report there was also a DWI charge. Once he was released from the hospital they showed up at his house with a warrant &... Read more »

Grant St Julian III
Grant St Julian III
answered on Aug 4, 2022

Yes, your son needs an attorney. Contact a lawyer who practices in the county where the case is filed. Good luck

1 Answer | Asked in DUI / DWI for Texas on
Q: Can a probation officer suspend the requirement of only driving cars with an IID for someone on probation for Dwi in TX?

If a person is been convicted of a dwi in Texas, has been put on probation, and has been ordered to drive with an IID per the terms of their probation, can their probation officer temporarily suspend the requirement to drive with an IID for any period of time (particularly the first 2-3 months at... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 28, 2022

You cannot drive without a Texas drivers license.

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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1 Answer | Asked in DUI / DWI for Texas on
Q: I have a Texas driver's license and now live in Texas but going to court in Virginia where I used to live for a dwi they

I have a Texas driver's license and now live in Texas but going to court in Virginia where I used to live for a dwi they said my license may get suspended.. .. so my question is where i live in Texas now and have a Texas license can Virginia suspended my Texas license or just Virginia?

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 7, 2022

Your Texas license will be suspended if your Virginia license is suspended,

1 Answer | Asked in DUI / DWI for Texas on
Q: I had a 2nd DWI In Texas. Officer got a warrant for blood after I refused both. Blood came back .173.

A security guard at a dealership called the police they came and I was asleep at a stop light car running, In gear, vomit on myself, and they noted my “bar bracelet”. I have researched everything upon everything for the matter as it is my 2nd mistake and I wanted to take it to trial but it... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 3, 2022

You need never to take another drink and drive, If you drink do it at home and do not drive, The keys to the jail are in your hands,

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