Texas DUI / DWI Questions & Answers

Q: I supposedly have a dwi on my record and. There is nothing on my record about it i belive there is some mistake

1 Answer | Asked in DUI / DWI for Texas on
Answered on Jan 16, 2019
Roy Lee Warren's answer
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 DPS website and check to see if you have that on your record. Best of luck.

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

1 Answer | Asked in DUI / DWI for Texas on
Answered on Jan 16, 2019
Roy Lee Warren's answer
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 has their "normal" use. As for the state taking its sweet time, I actually like that because people's memories change over time and witnesses go missing, or they change jobs. Also if she were to...

Q: I am us citizen my husband is in prosses waiting to get waiver approval. about 7 months ago he got in trouble dwi?

1 Answer | Asked in DUI / DWI for Texas on
Answered on Jan 16, 2019
Roy Lee Warren's answer
i AM SORRY BUT YOU WILL NEED TO REPOST YOUR QUESTION AS AN IMMIGRATION QUESTION SO YOU WILL GET MORE QUALIFIED ANSWERS. (sorry bout caps) President Trump has caused many changes so a person up to date on immigration needs to help you. Best of luck to you.

Q: Can my car insurance company drop me if I’ve had a DUI?

2 Answers | Asked in DUI / DWI for Texas on
Answered on Dec 6, 2018
Dustan Neyland's answer
Car insurance companies base their decision to set rates or cancel an insured based on risk. Having an intoxication offense on your record can certainly be a reason for non-renewal/cancellation or increased rates.

Q: Will a DUI on my record affect my career as a public school elementary teacher?

1 Answer | Asked in DUI / DWI for Texas on
Answered on Nov 28, 2018
Roy Lee Warren's answer
I will venture an educated guess and say, probably not but the school districts may each have their own policy on such events. Look to your HR policies in your handbook provided by your employer.

Q: Will I lose my driver's license after one DUI?

2 Answers | Asked in DUI / DWI for Texas on
Answered on Nov 9, 2018
Grant St Julian III's answer
There are ways to keep your license even if you are convicted on a DWI - 1st offense. You must be granted probation and successfully complete a DWI education class as a part of the probation to avoid a DPS imposed license suspension after conviction. Also note there is another ground for license suspension regrading the breath/blood test performed at the time of the stop. Confer with a local attorney for more details. Good luck.

Q: I have 2 DUI's (17yrs & 9yrs ago). Will I be able to get my CDL back after the last one gets past 10 yrs?

1 Answer | Asked in DUI / DWI for Texas on
Answered on Oct 26, 2018
Grant St Julian III's answer
2 alcohol\driving convictions disqualifies you for life from holding a Commercial Driver's License.

Q: How does something request a competency hearing in Montgomery County, Tx?

1 Answer | Asked in Criminal Law, DUI / DWI and Elder Law for Texas on
Answered on Oct 22, 2018
Kiele Linroth Pace's answer
DWI is a criminal offense so he should apply for a court appointed attorney. However, being found incompetent has other serious ramifications that he should discuss with his attorney.

Q: How long is reasonable for the State prosecutor to take produce the results of a DUI blood test?

1 Answer | Asked in DUI / DWI for Texas on
Answered on Oct 19, 2018
Grant St Julian III's answer
I have had cases where it took 11 months for the crime lab to return test results. The State has 2 years from the date of offense to file the charging instrument with the court. Good luck.

Q: 74yo, dementia, DWI 9/18, no$ for lawyer - can we speak to the DA directly and work it out?

1 Answer | Asked in DUI / DWI for Texas on
Answered on Oct 18, 2018
Grant St Julian III's answer
If your father has dementia, make sure a competency hearing is performed before anything else. Bring documentation of his medical condition to court. Unless you have been designated as his guardian or are a licensed attorney, however, you will not be able to "represent" your father in this matter. Good luck.

Q: I was ticketed for a second DWI while on probation (24 days left)., for my first.

1 Answer | Asked in DUI / DWI for Texas on
Answered on Oct 2, 2018
Grant St Julian III's answer
Were you given a ticket, or were you arrested? Bring all paperwork you have regarding this matter to a local attorney for review.

Q: I was arrested in December of 2017 for dwi and told I would receive a letter with court date. When will I receive it?

1 Answer | Asked in DUI / DWI and Tax Law for Texas on
Answered on Sep 24, 2018
Grant St Julian III's answer
First, your license suspension is a separate proceeding from the DWI. If a blood sample was taken on your DWI, it may take several months for the crime lab to return the results, which causes a delay in the filing of the criminal case. Call an attorney in your area; don't wait for a phone call. Good luck.

Q: I'm in probation for a 3rd DWI first 2 were over 25 years ago and every thing was going fine never had any problem

1 Answer | Asked in DUI / DWI for Texas on
Answered on Sep 24, 2018
Grant St Julian III's answer
Anything is possible, but you must have this discussion with a local attorney to see what options are available in your specific case. Good luck.

Q: Will I have my DUI on my criminal record forever?

1 Answer | Asked in DUI / DWI for Texas on
Answered on Sep 19, 2018
Grant St Julian III's answer
It depends on the specific charge and the ultimate disposition of the case (accident or no accident, blood alcohol concentration and prior dwi offenses are all factors). Call the attorney who represented you on the original case. Good luck.

Q: If I do a rolling stop through a stop sign (slow down but don't full stop), is that a basis for a cop to pull me over

1 Answer | Asked in DUI / DWI for Texas on
Answered on Sep 8, 2018
Grant St Julian III's answer
Short answer: yes. A "rolling stop" by definition is not a stop. This is a traffic offense, which gives an officer probable cause to detain a vehicle.

Q: Does a DUI, due to being underage and having alcohol, count towards the 3 DWI rule to make it a felony in Texas?

2 Answers | Asked in DUI / DWI for Texas on
Answered on Aug 16, 2018
Paul Looney's answer
You are a "repeat" DWI offender based on your record. Not a felony DWI offender. However, if you are thinking about the possibility of it happening again, then your conduct has not been adjusted to assure it does not happen again. So, it WILL happen again ... eventually. Here's a clue. You live in a community that is heavily opposed to drunk drivers. Do not drive, even if you have just had a few. You are too young to drink if you cannot plan how you are going to get home. Just don't drive. Or...

Q: My friend received a DWI on Sunday. This is her 5th or 6th DWI. She just finished parole last Tuesday for DWI(Texas).

2 Answers | Asked in DUI / DWI for Texas on
Answered on Aug 1, 2018
Grant St Julian III's answer
Expect a sentence greater than her last one, whatever that was. Close to the 10 year max.

Q: A friend in OK wants me to let his daughter use my out of state address while she’s on DUI probation. Legal? Contempt?

2 Answers | Asked in Criminal Law, DUI / DWI and Probate for Texas on
Answered on Jul 31, 2018
Grant St Julian III's answer
I would have nothing to do with this situation if I were you. If your wife wants to compete any documentation without your consent, that's up to her. I am also sure that anyone who is like a father to me would ask me to perpetrate a fraud upon the Court. Good luck.

Q: How much does it cost to get an IID?

2 Answers | Asked in DUI / DWI for Texas on
Answered on Jul 27, 2018
Glynn Vrba's answer
They typically run around $60 per month.

Q: Do you have to get an IID after a first DUI?

2 Answers | Asked in DUI / DWI for Texas on
Answered on Jul 9, 2018
Grant St Julian III's answer
It depends on your alleged blood alcohol concentration at the time of the event. Contact a local attorney, and bring all documentation you have regarding the incident; you only have 15 days from the arrest date to request a hearing on the suspension of your driver's license. Good luck.

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