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Texas DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Texas on
Q: How much bond for failure to appear in court for the second time in Texas for a DUI

The original DWI bond was 1000. Failure to appear in court the second time was 5000. What approximately would

it be to bond out for failure to appear the second time? I'm the only one that can bond myself out (I'm too high

risk for the bail bondsman) so I am bringing... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Sep 20, 2021

This is very simple. Hire a lawyer immediately and have him or her take you to court to arrange the new bond. The actual amount of your new bond depends on many things that only a good local criminal lawyer can successfully communicate to your prosecutor and your judge. Don't try to do this... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: I'm currently serving a 10 year probation for a 3rd DWI offense in Houston, TX. I've been offered a job in McAllen, TX

And based on my current situation if I were to accept the job offer would I be able to move to McAllen? Or do I have to remain in Houston until I complete my probation?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 26, 2021

Yes, supervision of your probation will be transferred to the new county of residence.

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Texas on
Q: our lawyer said could only was revoke BF;s bond all his missed court dates due to not being released we dont understand

I don't know the specifics of the cases what I do know is that IN 2019 my boyfriend was charged with a thc vs in Freestone County He was given the option 8 years probation or 10 years, He failed a UA in 2020 for weed and was arrested for a revocation, HIs lawyer bonded him out and came back... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 26, 2021

Criminal defense attorneys are not technically required to talk to anyone but the defendant. Cheap or court-appointed attorneys are often too busy to talk to the defendant's loved ones. You could hire a better attorney to replace the existing attorney and perhaps get better customer service... Read more »

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Texas on
Q: How do you get someone involuntarily committed for substance abuse in Texas?
Grant St Julian III
Grant St Julian III answered on Jul 7, 2021

If you believe this person is a danger to himself/herself or others, you can request an involuntary mental health commitment. This process cannot adequately explained in this forum. Call an attorney in your area. Good luck.

1 Answer | Asked in DUI / DWI, Family Law and Child Custody for Texas on
Q: My boyfriend is currently on probation for 3 dwi’s, can I stop him from getting unsupervised visits when our son is born

Boyfriend has a blower in car and continues to get drunk almost daily. He is now also smoking the CBD vape pens. The thought of him having unsupervised visits with our newborn in November terrifies me

Sharita Blacknall
Sharita Blacknall answered on Jun 2, 2021

When the child is born you can file a suit affecting the parent-child relationship. That will allow you to get an order from the court regarding where the child will live, who the child will live with, visitation, child support, health insurance, and medical expenses not covered by insurance.... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: What is disposition in court?

I have an active DWI case. I looked online and for the next court setting it says Disposition..appearance waived. What does this mean? What will happen at this court date?

Kiele Linroth Pace
Kiele Linroth Pace answered on May 28, 2021

Disposing of a case means closing it with some sort of resolution. The "disposition paperwork" explains how it was closed: conviction, deferred adjudication, dismissal, etc.

1 Answer | Asked in DUI / DWI for Texas on
Q: I had a dwi 2nd misdameanor a public defender I need to revoke probation due to costs . Need advice how to go about it.

Got mobile breathalyzer 100mnth fine 55mnth prob 60,month classes 300 I'm not working have no car. Hard time finding a job and then paying for uber and taking the breathalyzer to work

Grant St Julian III
Grant St Julian III answered on Apr 27, 2021

Go to the court that granted your probation and explain your financial situation to the Judge. Good luck,

1 Answer | Asked in DUI / DWI for Texas on
Q: How do I revoke probation and I can't afford an attorney

Tarrant county dwi 2nd misdeameanor.

Grant St Julian III
Grant St Julian III answered on Apr 22, 2021

You cannot revoke probation. The State can file a motion to revoke probation and eventually the Judge can enter such a motion. Go talk with the Judge who granted the order. Good luck.

1 Answer | Asked in Criminal Law, DUI / DWI, Antitrust and Cannabis & Marijuana Law for Texas on
Q: How do I go about getting someone involuntarily committed in Montgomery County tx. He does not even acknowledge he has a

Drug problem but says that he is a drunk. If he loses to much more weight he might die. He is killing himself with the keystone beer and from my understanding he uses a needle for meth and I have pictures of him smoking it. He was drunk one night and wouldn't let me drive and almost killed... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

Ask a Family Law attorney about how to pursue the involuntary commitment of an adult who is a danger to himself and others.

1 Answer | Asked in DUI / DWI for Texas on
Q: Hi, arrested for Dwi with child passenger. First time no previous record. Interlock required but I don't drive at all

How can I get out of the interlock ignition? I have a mobile interlock but I don't have a car & I'm not driving at all.

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Apr 4, 2021

You can file an affidavit with the court stating that you do not drive a vehicle and will not drive any vehicle unless and until that vehicle is equipped with with a court-approved ignition interlock device. Make sure you prepare and file the affidavit with the court within the time allowed for you... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: I got a DWI when barely 21, 15 yrs ago in TX. Texas law says I can't expunge; what if I move out of TX?

Got DWI 3wks after turning 21. I am now 36, and dont even drink anymore. If I establish residence out of TX can I get it expunged from my record? It is -killing- my insurance rates even all these years later?

Grant St Julian III
Grant St Julian III answered on Mar 2, 2021

It is the final disposition of a case, not the passage of time, that determines eligibility for expunction. Moving out of the State will have no affect on this issue. What was the disposition of the case?

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: Is there an Attorney in New Mexico that is aware of the Agreement on Detainers under Article 6 of The U.S . Constitution

If so my ? Id .Does the defendant having pending charges have any responsibility. Duty to initiate the extradition process other that he /het wanting to clear his / her name. Article 4 of the same agreement states .if the prosecution initiates extradition they place a 120 day statute of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 26, 2021

This website shows the questions to attorneys by state, so this question is being shown to attorneys in Texas. If you want an answer from an attorney in New Mexico then you should re-submit your question with the "location" field set to somewhere in New Mexico, even if YOU are currently... Read more »

1 Answer | Asked in Car Accidents, Criminal Law, Personal Injury and DUI / DWI for Texas on
Q: My wife was arrested and charged with Intoxication Assault w Serious Bodily Injury (a 3rd degree felony).

Her lawyer advised it would be better to plea to Agg Assault w/ Deadly Weapon (a 2nd degree felony). Is there any sense to pleading to a higher degree felony? Probation is offered in both cases by the prosecutor.

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 24, 2020

As a general rule, a second-degree felony is more serious than a third degree. However, nobody on this forum is in any position to second guess your wife's attorney. There are reasons why this could make sense, so your wife should simply ask her attorney for an explanation.

For...
Read more »

1 Answer | Asked in DUI / DWI, Family Law and Child Custody for Texas on
Q: My name is lisa and my daughter just had a baby and he tested positive for meth, which ;) shouldn't have because she

Can a person be denied guardianship over a child that has an 8 year old or longer dui charge?

Sharita Blacknall
Sharita Blacknall answered on Nov 18, 2020

It depends on the totality of the circumstances and the person's current situation. The person seeking guardianship can file with the court under certain circumstances in order to show that they are a good candidate for guardianship.

1 Answer | Asked in DUI / DWI for Texas on
Q: Hi what does unapprehended mean on my case file? Where it supposed to say “ case closed” it says unaprehended instead.
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Nov 11, 2020

Whose file are you talking about? The prosecutor's file, your lawyer's file or a file you were able to access on the internet (one which you found in, for example, the county's website)? I am going to assume you went to the website of the county where your case was prosecuted, i.e.... Read more »

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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