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Texas DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Texas on
Q: My sister have DWI AND A BREATHALYZER ON CAR Do she have to take her car to mexico in order to keep doing the blow test
Grant St Julian III
Grant St Julian III
answered on Mar 3, 2018

I am not sure of your exact question, but the interlock can only e removed with a Judge's order. so she will have to keep the device on her car if she drives it to Mexico. If, however, she is traveling to Mexico, the Judge does not have jurisdiction as to what devcie she must have on her car... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: I have an arraignment next week for a DWI. Do I need a lawyer for this?

This will be my second DWI in over 30 years.

Grant St Julian III
Grant St Julian III
answered on Mar 1, 2018

You have a constitutional right to represent yourself, but understand jail time is within the punishment range for this offense, and "I didn't know, I'm not a lawyer" is not a defense or excuse. At least call an attorney before your court date. Good luck.

1 Answer | Asked in DUI / DWI for Texas on
Q: Can I apply for a remission of bond forfeiture on my own?

I had two DWIs in 2012. I had a horrible lawyer who never told me anything about my court dates. I stayed with the same lawyer for years, who did not do anything for my case. I had a hard time getting a court date because when I did have a court date, he would not show up. I spent close to five... View More

Grant St Julian III
Grant St Julian III
answered on Feb 23, 2018

This is now a civil matter, and the question is whether a judgment has been issued on the forfeiture. You have the right to proceed on your own, but understand "I don't know, I'm not a lawyer" is not a defense nor an excuse if you choose to handle this matter pro se. Good luck.

1 Answer | Asked in Criminal Law, DUI / DWI and Domestic Violence for Texas on
Q: What does pre/indict not svd mean
Grant St Julian III
Grant St Julian III
answered on Feb 23, 2018

The defendant has yet to served (formally given) with the indictment (the paper filed with the court that describes the charges against her/him) in the case.

1 Answer | Asked in DUI / DWI for Texas on
Q: I got a Dwi for my first time over 13 months ago and was ordered to get a breathalyzer in my car after I was released

It took over year to go to court and I still have the breathalyzer in my car it’s very frustrating and it causes my car a lot of problems. My lawyer had said it was just a condition of bail but has done nothing to get a court order to take it out and is always making excuses what can I do if... View More

Grant St Julian III
Grant St Julian III
answered on Feb 23, 2018

If the DWI allegation includes that your blood/breath alcohol concentration was over .15 at the time of the event, it is mandatory by State law that you have an interlock device on any car you drive while your case is pending. No exceptions. The Judge does not have any discretion in the matter to... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: Is it legal to be required to take a blood test after paying a fine for an open container springhill, la
Grant St Julian III
Grant St Julian III
answered on Feb 20, 2018

1) If the offense occurred in Louisiana , you must ask this question to an attorney licensed to practice law in that State. 2) If this event occurred in Texas, I would need to know more facts. Who required this test? Were you in custody? Was a warrant for a blood draw issued? Are there or... View More

2 Answers | Asked in Criminal Law, Divorce, DUI / DWI and Family Law for Texas on
Q: Where can I run a thorough background check on my ex husband? I’ve tried Texas DPS, but didn’t come back with much. I

know he had a Controlled Substance charge somewhere. I need this to show the DA he has a history of drug and ETOH abuse so I can try to get an emergency protection order over our 3 year old son. My ex recently was arrested for DWI. A month before his blood came back from TX DPS, he was arrested for... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 14, 2018

Substance abuse is not an allowable basis for a magistrate's emergency protective order. It sounds like you are trying to use criminal law to gain leverage in a family law matter. The state will deal with the criminal law; you don't need to insert yourself into those cases. Your family... View More

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1 Answer | Asked in DUI / DWI and Immigration Law for Texas on
Q: what are the chances if husband is detained & has been deported once but he wasn't married first?

would he have a chance to come out with bond?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Feb 13, 2018

If your husband is detained and has been deported once already, he will be deported again; there is very little, if any, chance that he’d be able to bond out of detention.

2 Answers | Asked in Criminal Law, Divorce and DUI / DWI for Texas on
Q: because a police officer wouldn’t file charges on my ex husband for assault because I didn’t show any bruises

And of course my ex husband stated that he didn’t touch me. While he was getting questioned about assaulting me and while he was denying it, the officer said he smelled of Alcohol, and promptly failed a field sobriety test, he refused a breathalyzer, and refused to give blood. They had to get an... View More

Grant St Julian III
Grant St Julian III
answered on Feb 12, 2018

A criminal charge can only be instituted by the State; if the police/District Attorney do not believe enough evidence exists to pursue such charges, then your only recourse is to file a civil suit for personal injury against the person who assaulted you.

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1 Answer | Asked in DUI / DWI for Texas on
Q: My husband got arrested for failing to blow into his soberlink 25 times . he's on felony mtr.and remain without bond.?

Can he get his probation reinstated.or is he looking at prison...he's on probation for his 4 dwi

Grant St Julian III
Grant St Julian III
answered on Feb 11, 2018

From what you describe, your husband's fate is totally within the discretion of the Judge presiding over his case. Contact a local attorney to discover if a contested hearing should be held on the matter. Good luck.

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: My husband got a felony mtr and remaining with out bond what are the outcomes
Grant St Julian III
Grant St Julian III
answered on Feb 11, 2018

He can either be continued on probation or sent to prison. Start calling local attorneys

1 Answer | Asked in DUI / DWI for Texas on
Q: My husband has a breathalyzer in his truck that he used this morning with no issue but then failed his UA at his PO’s?

He also missed a couple UA’s last year but took a hair follicle test immediately. He missed a UA last month but no follicle test was ordered. He has a new PO. His current probation is for 3rd DWI. 2 years ago he went through the SAFP program in Texas. His UA from today was sent to the lab for... View More

Grant St Julian III
Grant St Julian III
answered on Feb 8, 2018

Your husband's probation officer will either return his file to Court for a motion to revoke probation, modify the conditions of probation and continue said probation, or wait until the lab results are returned (which is the most likely scenario). The lab results will be determinate of what... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: Is an Article 894 reciprocal in Texas for someone convicted of a DWI who lives in Texas?

I plead to a DWI in Shreveport Louisiana due to the advice of my lawyer and the State of Texas still suspended my license and put a hefty surcharge on me.

Grant St Julian III
Grant St Julian III
answered on Feb 6, 2018

Texas will treat a DWI conviction from another State as if the conviction occurred in Texas.

1 Answer | Asked in DUI / DWI for Texas on
Q: How can I obtain proof cases were resolved D.A

I had multiple dwi back 1980's in TX and 2008. I completed all the probation and paid all fines successfully. I am applying for Sentri card and requested to show proof all clear had cases in Dallas and Houston.

Grant St Julian III
Grant St Julian III
answered on Feb 6, 2018

Contact the County Clerk in each County where your cases were filed, and you should be able to acquire the documentation showing the final disposition of each case, Ask for the records department. Good luck

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: Can I sue a atterney for telling her client I was the one who snitch on them.
Grant St Julian III
Grant St Julian III
answered on Feb 6, 2018

You can sure anybody for anything you want, but more facts must be uncovered to determine your possibility for prevailing in civil litigation. Was this your attorney who made the disclosure? How did this attorney obtain the information? Was the statement made true? What damages have you... View More

1 Answer | Asked in DUI / DWI and Civil Rights for Texas on
Q: How to recover a truck thats under my name

My ex in i have been seperated over 5 yrs now and which he kept a truck that was under my name still.. becus of him giving me a hard time the truck was never changed to his name.. he recently got a DWI2nd offense with a breathalyzer installed.. he didnt show up to court and revoaked his bond and is... View More

Grant St Julian III
Grant St Julian III
answered on Feb 4, 2018

If title to the vehicle remains in your name, and you know the location of the vehicle you may go get it at any time. If a breathalyzer is installed on the vehicle, you will have to go to Court for an Order to remove the device. Contact a local attorney for assistance.

1 Answer | Asked in DUI / DWI for Texas on
Q: My son is waiting to go to court for first dwi. Judge ordered pocket Breathalizer device. Why does he have to have this

We live in Texas. He hasn't been convicted. Why is he being treated like he's on probation already ?

Grant St Julian III
Grant St Julian III
answered on Feb 2, 2018

The Court is entitled to impose conditions of bond, and in particular, if a defendant is charged with a DWI 2nd or more, or if the breath/blood alcohol concentration is allegedly over .15, the Court is required by State Law to impose a breathalyzer as a condition of bond while the case is pending.... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: If you are on 5 years deferred probation charge is Burglary of Habitation and received a DWI .15 BAC will you go to Jail
Grant St Julian III
Grant St Julian III
answered on Feb 2, 2018

Being charged with a new offense while on probation is a violation of the terms and condition of said probation so yes, you CAN be sentenced to jail. What will occur, however, depends on the specific facts of your case. Start talking with local lawyers.

1 Answer | Asked in DUI / DWI for Texas on
Q: i was arrested for a DWI yesterday and i am not quite sure what to expect in the coming months.

everything is still pending at this time from the jail. i am just not to sure what to expect

Grant St Julian III
Grant St Julian III
answered on Feb 2, 2018

The police agency that arrested you will transfer your file to the District Attorney's office. The DA will then file the case with the Court and you will be given a court date. You should be conferring with local attorneys, and retain one you feel comfortable with before your court date.... View More

1 Answer | Asked in Car Accidents and DUI / DWI for Texas on
Q: My son was involved in a car accident. Minimal injuries. Driver of other vehicle was DUI. Not sure how much we should

Should receive for pain and suffering. Other driver charged with DUI and car totaled. Also our ins payed for hospital. Ins co says they are going to pay us directly because ins isn’t responding. No clue how much is reasonable amount to settle on.

Grant St Julian III
Grant St Julian III
answered on Feb 2, 2018

Contact a personal injury attorney in your area immediately. Negotiating and settling with insurance companies is not something you do for a living. It's the job of insurance adjusters, and you are at a distinct disadvantage.

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