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Texas DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Texas on
Q: My grandson got a DWI and had his license suspended. He can get a provisional license but has no money to get help.

What can he do?

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

If your grandson is indigent, an attorney will be appointed to represent him on the DWI case, but obtaining an occupational license is a civil matter, so he is on his own in that respect. Contact the local county Bar Association of pro bono legal services, or see if a local law school can provide... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: Can you ask to have a lawyer present prior to any field sobriety test/ breathalyzer/ blood test?

If you opt out of any questioning or test when you get pulled over and request a lawyer do they have to grant you that request? And when the get a warrant for your blood can they also deni you the right to have a lawyer present?

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

You may request an attorney at any time, but in the field an officer will take the request for counsel as a refusal to submit to the Field Sobriety Tests, and will proceed accordingly. If a magistrate has approved the request for a blood draw, the sample will be taken; there is no right to... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: Can I purchase a handgun if i received a dwi 3 Years ago?
Grant St Julian III
Grant St Julian III
answered on Feb 2, 2018

A DWI conviction will not prohibit purchasing of a handgun; any conviction from 3 years ago, however, will affect an attempt to obtain a Concealed Handgun License.

1 Answer | Asked in DUI / DWI for Texas on
Q: when you have a DL in NJ where a DUI is not considered a misdemeanor but you move to TX, what comes on your records???

The DUI in New Jersey was 6 years ago

If I apply for a new DL in TX, will it say on my records that I have a misdemeanor?

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

Any conviction from New Jersey will be transferred and associated with your new Texas driver's license number, but the conviction will read as New Jersey has entered it.

1 Answer | Asked in DUI / DWI and Immigration Law for Texas on
Q: Last night my husband got arrested he is undocumented he got out today(bailBond) but with dwi (blood) can he pay the dwi

Charges and not show up to the first court after being released or does he still show up or if he goes will he get arrested right there due to the fact he is undocumented as well

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

DWI is not the type of violation where you can just pay a fine and be done with the case. Talk with a local attorney because it is not guaranteed ICE will be present and arrest your husband when he appear in Court for his DWI. These are two separate proceedings in 2 separate courthouses.

1 Answer | Asked in DUI / DWI for Texas on
Q: i got a DUI after a party, passed the tests - didn't blow- and the officer let me drive. should i fight this?
Grant St Julian III
Grant St Julian III
answered on Feb 2, 2018

I would definitely contact an attorney in your area to review the details of your situation; it is highly unusual for an officer who charges an individual with a drinking and driving violation to then allow that person to subsequently drive. Good Luck.

1 Answer | Asked in DUI / DWI and Civil Rights for Texas on
Q: How can I request a lie detector test for a loved one ?

I want to request a lie detector test for a loved one because he drank some medicine while being on his probation monitor and he did not read the ingredients that the medicine had alcohol and now he is doing 90 days in a program for drinking medicine and it’s just really unfair because he he’s... View More

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

1) Unless you are counsel of record, you do not have standing to request a lie detector test for a defendant; 2) Results of polygraph tests are inadmissible as evidence in Court; 3) If sentence has already been imposed, it is too late to submit the issue you discuss to the Judge. Good luck.

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: How do I drop unlawful use of motor vehicle charges?

My boyfriend took my car without my knowledge, was pulled over and arrested on an unrelated drug charge. My car was impounded. He has since paid me back for damages. I would like to drop charges. Will the DA be onboard with this or will they likely file anyway? Is there anyway he would qualify for... View More

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

You can contact the DA and file an affidavit of non-prosecution, but that will not insure dismissal of the charges. Each County has different standards and requirements regarding alternative sentencing such as a diversion program, so have your boyfriend contact a defense attorney in the county... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: If I got pulled over in texas for my 3rd bar brake light being out and got a dwi can I get this dismissed

I got pulled over in texas and my bar brake light is out but my brake lights on my tail lights work properly, and I got arrested for a dwi can I get this thrown out for not being a valid reason to stop me.

Matthew Valley
Matthew Valley
answered on Jan 28, 2018

While Section 547.323 of the Transportation Code says only two lights are needed, Section 547.3215 requires compliance with current federal regulations. Current federal regs require two side lamps plus a center lamp. There is Texas case law finding that the Transportation code requires *all three*... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: So I got my first dwi this year I’ve never gotten into any trouble before and I don’t know what steps to take. I no

longer have my drivers license since it was confiscated so I can’t do daily life such as getting money from my bank/ apply for school ect the only form of ID I have is my birth certificate my ss card was stolen and I was just about to replace it. What can I do as first steps and get some type of... View More

Matthew Valley
Matthew Valley
answered on Jan 16, 2018

First, seek the representation of a defense attorney who works with DWIs a lot. As for your license issue, you should have gotten a form, Notice of Suspension/ Temporary Driving Permit (form DIC-25), when they confiscated your license. That serves as a temporary license after confiscation.... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: He is going to court in a week is it truly "beneficial" for him to spend 200-400$ and do some Defensive driving / AA mee

stupid question i believe i already know the answer too, so sorry for/if wasting you're time my room-mate just got his 3rd dui/dwi (drunk driving) here in the Woodlands, TX I saw they updated the "disclosure" part of the law this year in september, He is going to court in a week is... View More

Joseph Hoelscher
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answered on Jan 6, 2018

It can't hurt, but it depends on a variety of factors. Some judges will see his effort as a positive factor in sentencing, some will not. He really needs to communicate with an attorney. A DWI after two prior convictions is a felony in Texas and most courts take it very seriously.

1 Answer | Asked in DUI / DWI for Texas on
Q: my son has pending DUI case, got a jury summons. Is he disqualified? due to Q8?

Q8 - I have a pending misdemeanor theft or felony charge

Joseph Hoelscher
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answered on Jan 6, 2018

Actually, unless he is charged with a misdemeanor theft or felony, he is not ineligible. He can answer that question "no." However, the prosecutors will likely ask questions during jury selection that will require him to disclose it. They will also probably run a check to see who has... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: Texas dwi jail time, good behaviour early release Possible?

My fiancee got a 2nd dwi and was sentence to 30 days in jail in Texas, does he have to do all 30 days? Can he get out in 15 instead

Joseph Hoelscher
Joseph Hoelscher pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 6, 2018

This will depend on whether that time is his sentence or given as a condition of probation ("ACOP"). In most counties, there is some type of early release. You can call the Sheriff's Department and ask what their good time policy is. However, if the time was given ACOP, then only the... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: my brother received a 3rd dwi in texas. before being found guilty he left the state. is there a stature of limitations ?
Matthew Valley
Matthew Valley
answered on Dec 26, 2017

There is a three year statute of limitations for felony DWIs in the State of Texas. However, it sounds like your brother has already been indicted for the alleged offense, which tolls the statute of limitations. That means that, as long as the indictment was returned prior to the 3 year mark, the... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: a week a go i flipped my car an went to the hospital i got a ticket my alcohol level was high can i still get a dwi

how long would it take to charge me

Herman Martinez
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answered on Oct 16, 2017

Yes, it is possible that the police subpoena your blood results from the hospital. Please note that hospital blood draws are quite different from the typical blood draw in a DWI case.

2 Answers | Asked in DUI / DWI for Texas on
Q: My daughter missed court for her third DWI and has a warrant out for her arrest. Is there a statute of limitations?

She has two prior convictions for DWI in the San Marcos, Tx area. The third was also in San Marcos. If she turns herself in, how much jail time is she looking at?

Benson Varghese
Benson Varghese pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2017

The warrant is last until she apprehends her. There is no statute of limitations or expiration date on the warrant.

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1 Answer | Asked in DUI / DWI and Immigration Law for Texas on
Q: I am engaged to a Mexican citizen. He lived in the US for 17 years and had a DACA work permit. In 2014, he got a DWI.

He didn't get his daca revoked or a deportation order, just paid his fines and did comm. service. However, his DWI made him unable to renew DACA. Being that SB4 passed or was in the process of passing, he didn't want to risk deportation due to being undocumented. He willingly went back to... View More

Matthew J Hartnett
Matthew J Hartnett
answered on Sep 30, 2017

It really depends how long you decide to wait to get married. Once you are married (legally), you can file an I-130 for him. When the I-130 is approved, he will probably need a waiver. Ultimately he will have to be processed through the consulate. If your income is low, you can get a joint... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: Do I have to keep the interlock on my car even if the DPS suspended my license after everything was finalized in court?
Herman Martinez
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answered on Aug 30, 2017

That depends on several factors that are not mentioned here. For example, did you receive probation, was your bac over .15, is your first DWI, was your license suspension? Also, I would be curious if your lawyer discussed the upcoming change in the law where you would be able to clear your record... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Car Accidents for Texas on
Q: My niece's boyfriend was killed in a head on collision accident about three weeks ago.

Other than a crash report that was given to them the day of his funeral, nothing else has been done and names of the two people that hit him were released but no charges or citations were given. How long does it normally take for the family to receive information about the individuals and them... View More

Roy Lee Warren
Roy Lee Warren
answered on Aug 24, 2017

I am very sorry for your loss. Sometimes it takes a while for the State to obtain all the forensic information it needs to make sure charges are properly brought. Also generally the State is reluctant to comment on an ongoing investigation. She should check with the county's victim advocate... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: Boyfriend got a dwi 8 days before getting off parole. Will he go back to prison?
William C. Head
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answered on Aug 17, 2017

Not for parole violation, unless the people in change catch the new violation. Likely not, in just 8 days, until his parole is terminated.

May go to jail for DWI. Get a great DWI lawyer in Texas.

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