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Texas DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Texas on
Q: Sister got her first dwi on 11/4/17, a second on 11/7/17 and now a third on 8/7/17. All are pending. Will 3rd be felony?

A coworker's brother is a county DA. He said if all are pending at time of offense, they all should be treated liked 1st offense. She needs help. We are asking lawyer to pursue plea deal so that she can get into the year long substance abuse program but are hoping she can avoid felony.

William C. Head
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answered on Aug 10, 2017

You did not identify the location, so I will have you start with one of Texas's top DWI lawyers and book author, Troy McKinney. He can guide you on the "package" deal you are seeking. Any special dispensation is more a matter of GRACE than legal rights, so get a specialist to help... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Car Accidents for Texas on
Q: Please help - what can i do who can i call please - i have no money iam disabled - i had a car accident (33 other people

Have also had accidents at the same location) ambulance put a neck brace on me then 2troopers had me do a subrity test i did good durning the test i say many times can we do a blood or urine test so I can get on my way and go to my mom's and help her cuz she's watching my brother who is... View More

William C. Head
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answered on Aug 10, 2017

Your personal health and circumstances are unfortunate, but in no way shield a person from arrest for DWI-DUI, as you learned.

If you are destitute, and have no assets, Texas has an excellent public defender program, Contact the clerk of court, where your case is pending, and get the phone...
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1 Answer | Asked in DUI / DWI for Texas on
Q: Are substances other than alcohol included under DUI/DWI charges (like pills, marijuana, etc.)?
Herman Martinez
PREMIUM
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answered on Aug 8, 2017

Yes, even prescribed medication may lead to a DWI/DUI charge if it causes a person to lose the normal use of their physical or mental faculties.

1 Answer | Asked in DUI / DWI for Texas on
Q: Will an expunged DWI from 15 years ago in GA show up after a new DWI in TX?

My brother-in-law has just gotten another DWI. Technically this is his 3rd, the first was about 15 years ago in GA and he says it's been expunged. Then he had another in TX probably 5-8 years ago, and just got another one in TX this year. He's now worried about jail time and isn't... View More

William C. Head
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answered on Aug 7, 2017

DUI cannot be first offender, or deferred of expunged, in GA. On his record for LIFE.

Yes, this one will be found. All arrests involving fingerprints and a mug shot get sent to Quantico VA, at FBI records. Called NCIC records, and all state prosecutors can access these records.

2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: What can I do when a clerk forgets to close a case that was supposed to be dismissed as part of a plea deal?

I was charged with a DWI and possession of marijuana<2oz. Both occurred at the same time and both were first offenses. As part of a plea deal my attorney told me that the possession charges would be dropped and I would be given x months of probation along with fines and other court requirements.... View More

Benson Varghese
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answered on Jul 24, 2017

The attorney who handled the plea for you should be able to speak to the clerk and get that resolved relatively easily, if that was the agreement that was made.

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1 Answer | Asked in DUI / DWI for Texas on
Q: Can you request a court date in another city? If so how?

Have dwi (1st dwi), would like to possibly move back in with parents 3 hours away. Can I move or do I need to find someone to stay with locally?

Deborah Ann Bankhead
Deborah Ann Bankhead
answered on Jul 17, 2017

Depending upon your bond restrictions, you can move. Unfortunately, it is highly unlikely your case will be transferred while pending. While it is possible to have a probation sentence transferred to your home jurisdiction, the case will be prosecuted where it originated.

1 Answer | Asked in DUI / DWI for Texas on
Q: Can I get a felony DWI charge reduced to a misdemeanor after I've completed my terms an conditions.

I've been on probation an only have 18 months left but I'd like to get my felony DWI charge reduced for long term life reasons seeing how my first two Dwi's are already 10 years old as of now just not in 2013 when I got my 3rd

Deborah Ann Bankhead
Deborah Ann Bankhead
answered on Jul 17, 2017

Unfortunately, no. As DWIs are currently only eligible for straight probation and your probation was the result of a guilty plea and finding of guilt, the case will remain as currently charged.

1 Answer | Asked in Employment Law and DUI / DWI for Texas on
Q: Is there a limit on how long I must report a DWI arrest to potential employers? (I/e to be a public school teacher)
Deborah Ann Bankhead
Deborah Ann Bankhead
answered on Jul 17, 2017

While employer guidelines may vary, the licensing board has specific requirements for reporting. You will want to have your specific guidelines analyzed by an attorney to ensure compliance. While arrests can be expunged if a case never follows and the statute of limitations has passed, most DWI... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: My bf got his 7th DWI in TX.Any chance he will get probation with a good lawyer or how much jail time?
Deborah Ann Bankhead
Deborah Ann Bankhead
answered on Jul 17, 2017

A 7th DWI is well within the guidelines for Felony prosecution. If he has a prior felony, he is not eligible for probation from the Judge or Jury. However, some counties have diversion programs for repeat DWI offenders who are high risk. Some of his programs grant probation where a defendant... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: I was convicted of my 2nd DWI in Texas Sept. 2015. How do I get my license reinstated?

I took the time. Sentenced to 180, did 90 Harris County. There was no probation or alcohol education associated with the conviction. I'm now finally back on my feet and need a dl and vehicle for my next promotion to better support my family. I haven't paid a dime on my surcharges but... View More

Deborah Ann Bankhead
Deborah Ann Bankhead
answered on Jul 17, 2017

When you take jail time for a DWI-REP case, there should be a license suspension. Even if the Judge does not place it on your Judgement and Sentence, DPS can. Depending upon when your last DWI was, this could also be a "hard suspension" meaning you cannot obtain an Occupational License.... View More

1 Answer | Asked in DUI / DWI and Immigration Law for Texas on
Q: My cousin is in jail for dui, and ice detainee. He has been there 69 days. Is there anything that can be done.
Deborah Ann Bankhead
Deborah Ann Bankhead
answered on Jul 17, 2017

In Texas, a DUI is a Class C ticket for persons under the age of 21 who are alleged to be driving with any detectable amount of alcohol in their system. It is much more likely, your cousin has been arrested for a DWI which is a Class B or Class A Misdemeanor, depending upon the Blood/Breath Alcohol... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: After 16yrs ago, can I be charged for DWI, first offense in Lufkin, Texas?

Can I be charged for DWI, after16 years ago it happened in Texas this would be my first DWI ?

Deborah Ann Bankhead
Deborah Ann Bankhead
answered on Jul 17, 2017

The statute of limitations on a DWI first is 2 years. However, there are certain things that can toll this limitations period. Once can be an active arrest warrant. You will need to contact a local, experienced DWI attorney to assist in resolving the matter.

1 Answer | Asked in DUI / DWI for Texas on
Q: is it legal for an officer to take the blood sample from the hospital after it was drawn a possible DWI victim?

My husband was arrested back in Sept. 2016 at 9am in the morning and was at the jail for 2 hours than was taken to the hospital to retrieve a blood sample and once drawn they handed it to the officer in which stood there talked to the Dr. for an hour before leaving with the blood, the jailer called... View More

Deborah Ann Bankhead
Deborah Ann Bankhead
answered on Jul 17, 2017

The blood draw taken at the hospital appears to have been pursuant to a DWI arrest. This can be done with either consent or a search warrant. The officer has a special blood kit to retrieve the sample and then take that sample back to the police department where it is submitted for analysis at an... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: My bf just got his 7th DWI,what are the chances he could just get probation? If not,how much jail time or anything else?
Anna Summersett
Anna Summersett
answered on Jul 11, 2017

A seventh DWI would put your boyfriend in a felony range of punishment. Even at two or more prior convictions, he is looking at a Third Degree Felony DWI-Repetition with a range of punishment 2 years to 10 years. If he has a prior felony conviction, not only is he not eligible for probation, but... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: If you get a first offense dwi is a 120 days to much if you don't having any prior alcohol related offenses.

Plus if I have cirrhosis of the liver which i have to be seen at the doctor frequently and I'm required to take meds daily can't probation be offered instead of jail time

Anna Summersett
Anna Summersett
answered on Jul 11, 2017

If you do not have a prior felony conviction, then probation should certainly be an option. What jurisdiction you are in will be a big deciding factor in what an appropriate sentence is. Contact a local, experienced DWI attorney for assistance.

1 Answer | Asked in DUI / DWI for Texas on
Q: I have a friend who was at a bar in Texas drinking. Another party said that he moved his car in the parking lot.

They said he hit their car while moving his car in the parking lot. He had been parked the entire time and in fact had called a Lyft driver to pick him up. In the meantime the other party called the cops and he was arrested inside the bar for DUI because of the witnesses. What are his options?

Anna Summersett
Anna Summersett
answered on Jul 11, 2017

I am terribly sorry to hear this. He will need an experienced DWI attorney to help gather evidence such as this witness statement and present it to the prosecutor. A criminal case must be proven Beyond a Reasonable Doubt and it sounds like your eye-witness account could certainly create a problem... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: Is there a set time an interlock device can be put in your car?
Anna Summersett
Anna Summersett
answered on Jul 11, 2017

If Interlock is required as a condition of your bond, occupational license, probation, or final conviction, you should be advised by the court on the time limit you have to install the vehicle. It can be 7 days, 10 days, or even 30 days depending on the Judge's ruling. Contact a local,... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: What do I need to do, if I'm on probation and I get a DWI?
Anna Summersett
Anna Summersett
answered on Jul 11, 2017

If you are currently on probation, one of your conditions is to not commit an offense against this or any other state. A DWI arrest would be an allegation that you did just that. It is possible, and even likely, that your probation department will file a Motion to Revoke or Adjudicate your... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: I got a dwi on my record, I did my probation plus my class am wondering am I able to get it removed from my record
Anna Summersett
Anna Summersett
answered on Jul 11, 2017

Unfortunately, DWI convictions are not eligible for expunction. The law will change this year to allow for non-disclosures of certain first-time DWI probation convictions, but it will not be retroactive. You can learn more about this new law here:... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Immigration Law for Texas on
Q: My dad is doing 6m at a state jail for 2 felonies. Is there a chance he won't get deported? After serving his time.

The felonies were a DUI and something along the lines of stolen property.

He was born in Mexico. A non US citizen.

Anna Summersett
Anna Summersett
answered on Jul 10, 2017

Any felony conviction comes with a warning of deportation. It is possible, though very difficult, to fight this. You will need to contact an expert immigration attorney to work toward this goal. You can learn more about the process here... View More

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