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Texas DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Texas on
Q: 74yo, dementia, DWI 9/18, no$ for lawyer - can we speak to the DA directly and work it out?

My dad doesn't qualify for indigent services - can we speak directly to the DA during our next court date? He had a very hard time getting around, too. Can I speak on his behalf? Should I call the DA's office myself and see what can be done? He's undiagnosed so we do not have medical records to... Read more »

Grant St Julian III
Grant St Julian III answered on Oct 18, 2018

If your father has dementia, make sure a competency hearing is performed before anything else. Bring documentation of his medical condition to court. Unless you have been designated as his guardian or are a licensed attorney, however, you will not be able to "represent" your father in this... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: I was ticketed for a second DWI while on probation (24 days left)., for my first.

On the ticket the arresting officer wrote 1ST Offense (TXPC 49.04B). Could this make any difference to my defense? I am also a diabetic with a blood sugar level averaging within the 400 range. I have read that this could affect a breathalyzer test. Please advise. Thank You.

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

Were you given a ticket, or were you arrested? Bring all paperwork you have regarding this matter to a local attorney for review.

1 Answer | Asked in DUI / DWI and Tax Law for Texas on
Q: I was arrested in December of 2017 for dwi and told I would receive a letter with court date. When will I receive it?

I got a letter in July of this year saying my license is suspended but I call the courts every week and still no case filed. It's now the end of September 2018. Is it normal to take over 9 months to file a case?

Grant St Julian III
Grant St Julian III answered on Sep 24, 2018

First, your license suspension is a separate proceeding from the DWI. If a blood sample was taken on your DWI, it may take several months for the crime lab to return the results, which causes a delay in the filing of the criminal case. Call an attorney in your area; don't wait for a phone call.... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: I'm in probation for a 3rd DWI first 2 were over 25 years ago and every thing was going fine never had any problem

Until I blew a fail in my intoxalot but never had a lock out I passed on the 4 time therefore it was not alcohol related I had to siphon gas out of a boat that I was pulling to put into my truck and didn't even think about gas fumes now they want to send me to safe p for six to 9 months and I own... Read more »

Grant St Julian III
Grant St Julian III answered on Sep 24, 2018

Anything is possible, but you must have this discussion with a local attorney to see what options are available in your specific case. Good luck.

1 Answer | Asked in DUI / DWI for Texas on
Q: Will I have my DUI on my criminal record forever?
Grant St Julian III
Grant St Julian III answered on Sep 19, 2018

It depends on the specific charge and the ultimate disposition of the case (accident or no accident, blood alcohol concentration and prior dwi offenses are all factors). Call the attorney who represented you on the original case. Good luck.

1 Answer | Asked in DUI / DWI for Texas on
Q: If I do a rolling stop through a stop sign (slow down but don't full stop), is that a basis for a cop to pull me over

for suspected DUI?

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

Short answer: yes. A "rolling stop" by definition is not a stop. This is a traffic offense, which gives an officer probable cause to detain a vehicle.

2 Answers | Asked in DUI / DWI for Texas on
Q: Does a DUI, due to being underage and having alcohol, count towards the 3 DWI rule to make it a felony in Texas?

Got a DUI at around age 17, which is because I admitted to having a beer and was given a ticket and released to parents. Got an actual DWI, refused breath test and visibly drunk, at around age 19. No issues since, just wondering if it should happen again if it would be a felony.

Paul Looney
Paul Looney answered on Aug 16, 2018

You are a "repeat" DWI offender based on your record. Not a felony DWI offender. However, if you are thinking about the possibility of it happening again, then your conduct has not been adjusted to assure it does not happen again. So, it WILL happen again ... eventually. Here's a clue. You live in... Read more »

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2 Answers | Asked in DUI / DWI for Texas on
Q: My friend received a DWI on Sunday. This is her 5th or 6th DWI. She just finished parole last Tuesday for DWI(Texas).

Her bond has been set at 30k and she is currently in the Harris County jail. Court date is Sept 11. My question is, and I know you don't have a crystal ball. But, how much TDCJ time is she looking at serving?

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

Expect a sentence greater than her last one, whatever that was. Close to the 10 year max.

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2 Answers | Asked in Criminal Law, DUI / DWI and Probate for Texas on
Q: A friend in OK wants me to let his daughter use my out of state address while she’s on DUI probation. Legal? Contempt?

I know she has some sort of aggravated DUI charge. I’m not sure if it is Intox Assault or DUI and evading in a vehicle. According to my old family friend, their attorney suggested using an out of state address (mine) as a way to avoid random urine tests and check-ins with a probation officer. The... Read more »

Grant St Julian III
Grant St Julian III answered on Jul 31, 2018

I would have nothing to do with this situation if I were you. If your wife wants to compete any documentation without your consent, that's up to her. I am also sure that anyone who is like a father to me would ask me to perpetrate a fraud upon the Court. Good luck.

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2 Answers | Asked in DUI / DWI for Texas on
Q: How much does it cost to get an IID?
Glynn Vrba
Glynn Vrba answered on Jul 27, 2018

They typically run around $60 per month.

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2 Answers | Asked in DUI / DWI for Texas on
Q: Do you have to get an IID after a first DUI?
Grant St Julian III
Grant St Julian III answered on Jul 9, 2018

It depends on your alleged blood alcohol concentration at the time of the event. Contact a local attorney, and bring all documentation you have regarding the incident; you only have 15 days from the arrest date to request a hearing on the suspension of your driver's license. Good luck.

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1 Answer | Asked in DUI / DWI for Texas on
Q: Is it possible to avoid prison with a 3rd DUI? The first conviction was 10 year ago and the 2nd was 7 years.

What if the officer forgot to read me my rights at the time of the arrest? Will that be grounds for dismissal?

Grant St Julian III
Grant St Julian III answered on Jul 3, 2018

Probation is available for felony DWI cases. If probation is granted, however, days in the country jail will be a condition of probation. Call an attorney for more details.

1 Answer | Asked in DUI / DWI for Texas on
Q: Spent 10 days in jail in 2004 in AR due to DUI. How to answer this Have you EVER been convicted of a crime or offense?

And there is a subsequent question: Have you EVER been in jail or prison?

I'm applying for citizenship. Is the DUI a noise now? Thanks.

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

What was the final disposition of the 2004 4 case? The answer to that question will answer your first question. The answer to the question "Have you EVER been in jail or prison?" is obviously yes if you spent 10 days in jail on the matter. Contact the attorney who represented you on the... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: Is a DUI charge more severe if you have an open container in the car?
Grant St Julian III
Grant St Julian III answered on Jun 23, 2018

An open container increases the minimum jail time if convicted on a Driving While Intoxicated charge. Below is the relevant section of the Texas Penal Code:

Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor...
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1 Answer | Asked in DUI / DWI for Texas on
Q: Can you get a commercial drivers' license if you have a prior DUI?
Grant St Julian III
Grant St Julian III answered on Jun 8, 2018

You are disqualified from having a CDL for 1 year after the judgment date on the finding of guilty. You may apply after that.

2 Answers | Asked in DUI / DWI and Immigration Law for Texas on
Q: Hi I’m 21 years old I’m under the daca program i recently got arrested for dwi i have about 1 years left till reniew it

I’m sure this is going to affect me what’s the best thing i can do ?

Grant St Julian III
Grant St Julian III answered on May 28, 2018

Just because you were arrested doesn't mean a conviction has been entered. This can cause serious consequences with respect to your immigration status, so contact a local attorney ASAP about the DWI case and your options. Good luck.

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1 Answer | Asked in DUI / DWI for Texas on
Q: is there a way to see a judge before court date?

I was arrested last weekend and still haven't been in front of a judge. I was arrested for DWI.

Fiza Syed
Fiza Syed answered on May 5, 2018

You can have your attorney set your court date.

1 Answer | Asked in DUI / DWI for Texas on
Q: How long does a DUI stay on your record?
Grant St Julian III
Grant St Julian III answered on May 4, 2018

Convictions remain on your record forever.

1 Answer | Asked in DUI / DWI for Texas on
Q: Can you get a DUI for prescription drug use while driving?
Roy Lee Warren
Roy Lee Warren answered on Apr 20, 2018

Yes you can. The laws prohibit driving when a person does not have the normal use of their mental or physical faculties on a public road (even with a riding law mower) because of intoxicants. The Texas Penal Code states: "Intoxicated" means: (A) not having the normal use of mental or physical... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: I need to know how I can get an extension of a "Temporary Driving Permit"? (I want to keep my job)

I received a DWI in Galveston County Texas. I have a Louisiana Driver's License. The sheriff's office took my license upon arrest. I was issued a 40 day "Temporary Driving Permit". It will expire before my court date(I have not received a court date and the permit expires in eight days) . I have a... Read more »

Grant St Julian III
Grant St Julian III answered on Apr 17, 2018

You had 15 days from the date your license was confiscated to request a hearing on your license suspension (see the fine print on the bottom of the form). Understand Texas does not have the ability to suspend a Louisiana driver's license, but the DPS in Austin will notify Louisiana of your arrest... Read more »

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