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If yes, do they need a warrant from a judge? And if you refuse, are there any penalties? I am interested in knowing what the law says in Texas, but I am curious about the laws in other states as well.
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answered on Oct 28, 2024
This is a great question. The DRE evaluation just like the Standardized Field Sobriety Tests is voluntary. You agree to allow them to perform the evaluation. This evaluation must be done down at the station and the first step in the 12 step process is getting a sample of your breath - to rule out... View More 
answered on Oct 18, 2024
Absolutely. It won't prevent you from receiving a citation or from being arrested for a serious violation like DWI. But you can certainly say it if you like.
Whether you say it or not, the principle of corpus delicti applies, and the State must present sufficient evidence to prove... View More
I got 3 dwi in less than one year. I have not been convicted on any. I had gone to court before getting my third one & had been admonished by the judge. I have court again next week. How much jail time am I looking at ?
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answered on Oct 2, 2024
If I understand your question correctly - and assuming these are the only charges you have on your record - the maximum jail time you could receive is up to 180 days in jail and up to a $2000 fine. But those are the maximum punishments - not what's likely to happen. It's fortunate that... View More
i just got a call from court telling me i have court for my first dwi offense, will i go to jail?I’m currently on probation for the second dwi but like i said my first one was never charged or called up for court until now 1 year and 2 months later
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answered on Oct 1, 2024
You need to hire an experienced DWI Defense Attorney to help you with this one. That would be my first call. Most attorneys will give you a free consultation. My second call would be to a Bonding Company. Are you currently out on bond on the second DWI - the one you were charged with? If so, I... View More
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answered on Sep 22, 2024
Yes - there are two ways to find out if you've been released from a breathalyzer device. The first place is Texas DPS: https://txapps.texas.gov/txapp/txdps/dleligibility/login.do. Check your driver's license eligibility page to see if the ignition interlock device is still listed as a... View More
Stopped and arrested for dwi
answered on Aug 8, 2024
A typo does not necessarily invalidate a warrant. Generally speaking, you cannot sue police for stopping you and arresting you for DWI even if you are ultimately found not guilty. Theoretically, you could sue if you can show the officer knew you from outside of his occupation as a police officer... View More
They didn't find anything in purse. On me or in vehicle. Need a lawyer to defend me in court. I took blood test and shouldn't have been arrested. I was stressed and confused which is a symptom of my disease
answered on Jul 5, 2024
Sadly I have seen many DWI arrests take place when officers misinterpret a physiological or neurological condition as intoxication. While I completely understand your frustration about the situation, I can hopefully shed some light on the situation for you.
First of all, your case points... View More
On 10 yr probation for intoxicated manslaughter in Texas. Done 7 so far. Had 1st VOP for failure to ID. Got 3 wkends. 2nd VOP driving w out a breathalyzer. Got 4 wkends. Just failed UA for alcohol revocation was filed.
Lawyer I use for VOPs said definitely doing prison time, original charge... View More
answered on Jun 6, 2024
Yes, a lawyer can be wrong. I have practiced law since 1988, and there are still occasions when I am wrong even with 36 years' experience. Obviously, earlier in my career, I was wrong more often than I am now. A lawyer can tell you, based on his past experience, familiarity with the judge,... View More
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answered on Apr 2, 2024
Sorry about your trouble.
unfortunately, most auto insurance policies have exclusions on coverage when damage or losses are the result of a DWI event. There is some hope. If you have not been found guilty or otherwise will fight the DWI charges, you can still make the claim. Whether or not... View More
The judge agreed and signed off for the six month program. The day the classes started, my son and the others in the same program, were told by an employee of the private company it is a nine month program, not six as the court had stated. Does the company have the right to extend the judge's... View More
answered on Feb 26, 2024
In Texas, “SAFE P” is a part of the state's Substance Abuse Treatment Program (SATP) run by the Rehabilitation Programs Division of the Texas Department of Criminal Justice (TDCJ). It is a six-month in-prison program. It is not run by a private company.
A private company does not... View More
They also put me down as selling on school property
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answered on Feb 4, 2024
We are talking "honey", "budder" - the vape cartridges that contains Delta 8,9, or 10 ? I'm not sure what your schools policy is if you are caught with a vape that contains one of these oils. If it turns out to be Delta 9 they could charge you with possession of marijuana... View More
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answered on Jan 31, 2024
Was this DWI filed in Harris County, Texas? In Harris County, when you are arrested for suspicion of DWI, the Police Officer gets on his cell phone and calls the DA's (District Attorney's) office, and lays out the facts of the case. The DA then either accepts or rejects the charges. If... View More
answered on Jan 30, 2024
If you have been charged, as indicated in your question, you should have by now received a court date for your announcement. For a misdemeanor DWI, this typically occurs within 4-6 weeks of your arrest.
A misdemeanor DWI would be charged by information, not by indictment. It can take... View More
First criminal charge in McLennan County. Blew 0.16 but later plead guilty to misdemeanor B (dropped enhancement) and also was placed on probation. Lawyer told me it is deferred adjudication but officer tells me it is adjudicated so I also have questions about this as well.
answered on Jan 19, 2024
In Texas, if a person received a deferred adjudication for a misdemeanor offense that person may be eligible for a sealing (non-disclosure), but NOT an expungement, if it has been two years since their case was dismissed and have no other DADJs. For DWI misdemeanor convictions, the waiting period... View More
First criminal charge in McLennan County. Blew 0.16 but later plead guilty to misdemeanor B (dropped enhancement) and also was placed on probation. Lawyer told me it is deferred adjudication but officer tells me it is adjudicated so I also have questions about this as well.
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answered on Jan 19, 2024
Unfortunately, unless the court made it part of your plea, you can not seal or expunge a DWI conviction in TX.
If it was part of a Deferred Adjudication, then there may be a chance for an expungement. But, I would need to see all the paperwork and the final judgment. If the case was... View More
answered on Nov 29, 2023
I respectfully disagree with my colleague. If you are being held in jail, and not released on bond, the DA has 180 days to file formal charges against or you will become entitled to be released on a personal recognizance bond when the 180 days expires. The DA has two years from the date of the... View More
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answered on Nov 29, 2023
Yes, the state of Texas has 180 days to indict you on a DWI misdemeanor. This means that the prosecutor has 180 days from the date of your arrest to file an indictment with the grand jury. If the prosecutor does not file an indictment within 180 days, your case will be dismissed.
However,... View More
Do I have a chance of getting the charges dropped or what can I do?
answered on Apr 6, 2024
If you passed the blood and breath test you have a chance. Also it depends on how you performed on field sobriety test and the reason he pulled you over
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answered on Oct 17, 2023
You should try to get your license reinstated after you have met all of the requirements for reinstatement and feel ready to drive again and for personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.
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