Texas DUI / DWI Questions & Answers
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's answer
The alcohol level of a driver who injured someone will almost certainly be introduced into evidence at a civil trial for damages.
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?
Grant St Julian III's answer
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.
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
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.
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
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...
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?
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.
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?
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.
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?
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.
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?
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.
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?
Grant St Julian III's answer
2 alcohol\driving convictions disqualifies you for life from holding a Commercial Driver's License.
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?
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.
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?
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.
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?
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.
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.
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.
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?
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.
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
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.
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?
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.
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
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.
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?
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...
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).
Grant St Julian III's answer
Expect a sentence greater than her last one, whatever that was. Close to the 10 year max.
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?
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
