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Texas DUI / DWI Questions & Answers

1 Answer | Asked in DUI / DWI for Texas on

Q: Maybe reduced. But was a deferred adjudication

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 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 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 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 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 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 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 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 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 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 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 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 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 »

1 Answer | Asked in DUI / DWI for Texas on

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.

Roy Lee Warren answered on Jan 16, 2019

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.

2 Answers | Asked in DUI / DWI for Texas on

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

Dustan Neyland answered on Dec 6, 2018

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.

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1 Answer | Asked in DUI / DWI for Texas on

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

Roy Lee Warren answered on Nov 28, 2018

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.

2 Answers | Asked in DUI / DWI for Texas on

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

Grant St Julian III answered on Nov 9, 2018

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 »

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1 Answer | Asked in DUI / DWI for Texas on

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.

Grant St Julian III answered on Oct 26, 2018

2 alcohol\driving convictions disqualifies you for life from holding a Commercial Driver's License.

1 Answer | Asked in Criminal Law, DUI / DWI and Elder Law for Texas on

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?

Kiele Linroth Pace answered on Oct 22, 2018

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.

1 Answer | Asked in DUI / DWI for Texas on

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.

Grant St Julian III answered on Oct 19, 2018

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.

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