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Texas DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Texas on
Q: I hired a attorney for my son DUI the attorney would not return any calls but he was paid , I have been trying to call

Him for 1 1/2 months hired another attorney how can I get my money back from the first attorney what are the consequences.. my son has a learning disability that's why I need the attorney to call me or my uncle

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 26, 2019

Go to texasbar.com and look under the section for the public. There is a way to file a grievance although before going to extremes there are instructions and help for how you may recover some of your money.

2 Answers | Asked in Criminal Law, DUI / DWI, Civil Rights and Municipal Law for Texas on
Q: Hi my name is Nikki. Wanted to see if my felony of DUI/w child under 15 could be expunged, if ever?
Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 20, 2019

It can be expunged if all charges stemming from the arrest were dismissed, or if you were found NOT GUILTY at trial, or if your conviction was overturned on appeal or pardoned by the Governor of Texas. If none of those things are true then it can't be expunged unless they change the expunction... Read more »

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1 Answer | Asked in DUI / DWI for Texas on
Q: I got a letter from DPS stating that they will not renew my dl's because i owe court cost fro more than 13 yrs ago

After i have served more than 10 yrs in prison

Grant St Julian III
Grant St Julian III answered on Nov 4, 2019

Go to the court that sent the hold on yiur license to the DPS and see if the fees can be waived. Or call your attorney. Good lucj.

1 Answer | Asked in DUI / DWI for Texas on
Q: I was arrested for dwi fail breath test ok my cdl was suspended for a year in December 2018 I haven't went to trial

If convicted or plea guilty does it mean my cdl will be suspended for another year start from the conviction date.

Roy Lee Warren
Roy Lee Warren answered on Oct 21, 2019

Yes, it generally will, however your lawyer may be able to negotiate that point in a plea bargain. One method I have used in the past is to have my client plead to "obstruction of a highway" so their license is not suspended. But it depends on the strength of your defense and the willingness of the... Read more »

2 Answers | Asked in DUI / DWI for Texas on
Q: I had a dismissed dwi in 2016 .that was my first time .no other tickets .can I become a citizen ? Thanks .Cem gungor

I complicated my 1 year probation with no violation .No any other tickets .I've been in the U.S for about 6 years . My chance and what do I need to do ? Thanks a lot .

Cem Gungor .

Roy Lee Warren
Roy Lee Warren answered on Oct 21, 2019

It certainly becomes more difficult when you have a class A misdemeanor, (DWI 1) but I suggest you ask an immigration lawyer.

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1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: While acquiring a TX driver's license I was informed OK and MD had "flags" on me--how can I find out what they are?

These incidents must go back to the mid-1990's--so did not impact my ability to get licensed in TX; but I'll be travelling regularly to OK--and don't relish an unpleasant surprise from a routine traffic stop.

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 15, 2019

Contact attorneys from OK and MD... ideally in the same counties where you most likely accused of a crime.

1 Answer | Asked in DUI / DWI for Texas on
Q: Found 'Not Guilty' for DWI in Texas, how do I have my record expunged?

My sister was found not guilty by a jury about 3 weeks ago. The judge actually commented that she never should've been arrested in the first place (officer knew NOTHING about the tests he scored her by), and after the verdict he told her she had 30 days to have her record expunged free of charge.... Read more »

Grant St Julian III
Grant St Julian III answered on Oct 2, 2019

A petition for expunction must be filed. Once the petition is granted, law enforcement and governmental agencies are instructed to destroy all records of the matter. Right now, if a background check is performed on your sister, her DWI case would appear, albeit it would show as dismissed. After... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: Maybe reduced. But was a deferred adjudication
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 21, 2019

Please ask a question. But just for information puroses, deferred adjudication probations are not allowed in DWI cases in Texas. If probation is granted in a Texas DWI, it is only granted after a defendant is found guilty (i.e., convicted) of the offense, so it can never be deferred.

1 Answer | Asked in DUI / DWI for Texas on
Q: I was recently charged with a dwi 2nd my first one was in 1993 and was a no contest deferred adjudication. is that fair

Can I still be charged for a 2nd

Grant St Julian III
Grant St Julian III answered on Aug 21, 2019

Deferred adjudication was not available on a DWI case in 1993. Was the charge reduced or changed?

1 Answer | Asked in DUI / DWI for Texas on
Q: How much time my husband will do on 8year sentence for 3rd Dwi
Grant St Julian III
Grant St Julian III answered on Aug 3, 2019

You can see your husband's estimated parole date on the TDCJ website once he is transferred to a Department of Corrections facility. Good luck.

1 Answer | Asked in DUI / DWI for Texas on
Q: WHAT HAPPENS IF SOMEONE DOES NOT SHOW UP TO COURT FOR 1ST DWI?
Matthew P. Prengaman
Matthew P. Prengaman answered on Aug 2, 2019

If you miss court for a DUI/DWI, or you miss court for any misdemeanor or felony, chances are the court will issue a warrant for your arrest. You can also be found guilty of the offense and have a large amount of fines assessed against you. If you miss court, the best option is to find out if a... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: What Texas Penal code would a person be charged with on a third Felony DWI?

I am helping my mother do some research for her husband who is currently in prison on DWI charges.

Grant St Julian III
Grant St Julian III answered on Jul 9, 2019

See Section 49 of the Texas Penal Code

1 Answer | Asked in DUI / DWI for Texas on
Q: Can I withdraw my open plea if I feel misrepresented
Grant St Julian III
Grant St Julian III answered on Jun 17, 2019

More information is needed. Has sentence been entered? It MAY be possible to file a motion for new trial, but there are time limitations. Get with an attorney ASAP. Good luck.

1 Answer | Asked in DUI / DWI for Texas on
Q: What do I do now? Can't afford an attorney.

2 dui's, Nov06 & Mar 07. No priors & nothing violations since. Satop and fines I have done. I don't have a car or means to get a car right now. I moved from Missouri where the case was originally and now in Texas. Texas says I have to do whatever Missouri says I have to do. But one of the problems... Read more »

Gary D. Peak
Gary D. Peak answered on May 8, 2019

If your MO case is still open and no conviction you might be able to file for an Occupation license here in Texas. You will need an attorney IMO, to review all the facts of your situation and insure they believe they can get you one.

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: if someone has a legal issue in one state and moves to another state, which state should they seek a lawyer from?
Gary Kollin
Gary Kollin answered on Apr 5, 2019

The state in which the legal issue exists

1 Answer | Asked in DUI / DWI for Texas on
Q: Its about the statute of limitations on an 11 year old court fine

Statute of limitations on court fines

Grant St Julian III
Grant St Julian III answered on Mar 25, 2019

The statute of limitations for any criminal case is tolled once the State files the charging instrument with the court. Once a criminal case is filed, and if fines are assessed, they will not disappear with the passage of time.

1 Answer | Asked in DUI / DWI for Texas on
Q: In a civil case can a lawyer bring up the alcohol level of the defendant if he injured someone if it goes to trial??
Grant St Julian III
Grant St Julian III answered on Mar 1, 2019

The alcohol level of a driver who injured someone will almost certainly be introduced into evidence at a civil trial for damages.

1 Answer | Asked in DUI / DWI for Texas on
Q: I was convicted of DWI in VA. Does TX participate in reciprocal enforcement? What impact can I expect at home in TX?
Grant St Julian III
Grant St Julian III answered on Jan 29, 2019

I am not exactly sure what you mean by reciprocal enforcement, but Texas will not issue you a driver's license if Virginia would not.

1 Answer | Asked in DUI / DWI for Texas on
Q: I supposedly have a dwi on my record and. There is nothing on my record about it i belive there is some mistake
Roy Lee Warren
Roy Lee Warren answered on Jan 16, 2019

You should remember whether you were ever charged with a DWI. If you took some other plea you would not have a DWI but you cannot get deferred adjudication for a DWI so if you had probation for a DWI, sorry that would be what it is. Many times people can plea to reckless driving instead. Go to the... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: My sister was pulled over for a DUI 11 months ago. She received her blood work back a few months ago. Under the limit

The blood work came in a .06.

The blood work came in but the file didn't have her video. She now has received the video twice both times it has come "busy" or unwatchable.

Will her case drag on forever? Will they drop the charges since she was under the limit?

I just... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jan 16, 2019

Your information is not a rare occurrence. Police reports almost always have errors and a person that is under the BAC can still be charged (and convicted) of a DWI because the test is whether the person has "normal use of their mental or physical faculties" It is anyone's guess whether a person... Read more »

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