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Texas DUI / DWI Questions & Answers
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

1 Answer | Asked in DUI / DWI for Texas on
Q: My husband was arrested in August and they classed it as a 2nd dwi misdemeanor. The judge released him on a pr bond

The next day due to not enough evidence. Now he has an appearance on March 23 and they have it as a 3rd or more dwi third degree felony. His last 2 dwi a were in 03 and 04. He has served a 2 yr and an 8 yr prison sentence for assault charges. Can they revoke the or bond? He went ant got a blow... View More

Anna Summersett
Anna Summersett
answered on Jul 10, 2017

If your husband is currently on a PR bond then he will have to appear in court to answer for his charges. If he has two or more prior DWI convictions, then a subsequent DWI arrest should be filed as a DWI - Third or More. This is a Third Degree Felony. If he has previously been to the pen once,... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: What is the statue of limitations for dwi with a child under 15 in tx
Anna Summersett
Anna Summersett
answered on Jul 10, 2017

The Statute of Limitations for a Felony DWI w/person under 15 years of age is 3 years. You can learn more about this limitations period at https://www.versustexas.com/criminal/statute-of-limitations/.

1 Answer | Asked in DUI / DWI for Texas on
Q: What is the statue of limitations for a DWI in Texas

I was arrested on March 20th 2015 and had not heard anything from the courts. recieved a letter stating that i have to e in court on March 28th for arraignment and pretrial even though it has een more than 2 years since my arrest. What can I do?

Anna Summersett
Anna Summersett
answered on Jul 10, 2017

The Statue of Limitations for a standard Class B Misdemeanor DWI is 2 years. There are several things that could toll the limitation period: an active arrest warrant or case filing for example. If you were called for court March 28th, it is likely your case was filed sometime before that date.... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: In Texas a third dwi with no injuries, children, and no others involved how can you be charged with a 2nd degree felony?
Anna Summersett
Anna Summersett
answered on Jul 10, 2017

It is possible for a third degree felony to be enhanced to a second degree felony if the person charged was previously convicted of a third degree felony offense or higher and served pen time as a result. This is called a Repeat Offender Notice. You can learn more about punishment enhancements on... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: The 2 yr statute of limitations for 1st offense dwi. Does it start at my offense date of 9/14/14, or conv 4/7/15?
Anna Summersett
Anna Summersett
answered on Jul 10, 2017

The Statute of Limitations is the amount of time the State has to file a case for a particular offense. In DWI cases, it is 2 years. If your case was filed within that two year time limit, then there is not a defense pursuant to the Statute of Limitations. As it appears, per your question, that... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: If you have probation in Newton, Tx and within a few months after signing they get pulled over for another dui? Outcome?
Anna Summersett
Anna Summersett
answered on Jul 10, 2017

One of the most important conditions to any probation is to not commit an offense against this or any other state. A DWI or DUI arrest is an allegation that a new offense was committed. Upon learning of this arrest, the Court may sanction your probation and reinstate, but more likely the State... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: I was put on probation for DWI in I had violated trying to see how I can get reinstated
Anna Summersett
Anna Summersett
answered on Jul 10, 2017

If you are alleged to have violated your probation, the Court will either pursue a sanction and reinstatement on probation or the State will file a Motion to Revoke your probation. Upon filing, the Court may issue a warrant for your arrest for you to be held at no bond until your hearing on the... View More

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