Texas DUI / DWI Questions & Answers
Q: Can I withdraw my open plea if I feel misrepresented
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.
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 »
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.
Q: if someone has a legal issue in one state and moves to another state, which state should they seek a lawyer from?
The state in which the legal issue exists
Q: Its about the statute of limitations on an 11 year old court fine
Statute of limitations on court fines
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.
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??
The alcohol level of a driver who injured someone will almost certainly be introduced into evidence at a civil trial for damages.
Q: I was convicted of DWI in VA. Does TX participate in reciprocal enforcement? What impact can I expect at home in TX?
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.
Q: I supposedly have a dwi on my record and. There is nothing on my record about it i belive there is some mistake
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 »
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 »
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 »
Q: I am us citizen my husband is in prosses waiting to get waiver approval. about 7 months ago he got in trouble dwi?
and they send him to ice I got him out on bound and know he has a court day for next year does he still have a chance to fix or you think its not possiblr. please help.
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?
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?
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?
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... Read more »
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?
I was told 5 yrs ago from a Texas Dui lawyer that I would be able to re-submit for my CDL after 10yrs.
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?
My dad has severe memory loss and was arrested for DWI in late Sept. He has no idea what happened, no idea what's going on, can't remember a thing. We don't have $$ for a lawyer, he's 74 and on Social Security. Can anything be done?
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?
I was arrested on 6/22/18 and went to discussion for the second time today and there was no file for the case as of yet including the results of the blood test.
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?
My dad doesn't qualify for indigent services - can we speak directly to the DA during our next court date? He had a very hard time getting around, too. Can I speak on his behalf? Should I call the DA's office myself and see what can be done? He's undiagnosed so we do not have medical records to... Read more »
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... Read more »
Q: I was ticketed for a second DWI while on probation (24 days left)., for my first.
On the ticket the arresting officer wrote 1ST Offense (TXPC 49.04B). Could this make any difference to my defense? I am also a diabetic with a blood sugar level averaging within the 400 range. I have read that this could affect a breathalyzer test. Please advise. Thank You.
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?
I got a letter in July of this year saying my license is suspended but I call the courts every week and still no case filed. It's now the end of September 2018. Is it normal to take over 9 months to file a case?
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.... Read more »
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
Until I blew a fail in my intoxalot but never had a lock out I passed on the 4 time therefore it was not alcohol related I had to siphon gas out of a boat that I was pulling to put into my truck and didn't even think about gas fumes now they want to send me to safe p for six to 9 months and I own... Read more »
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?
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.
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