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Texas DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for Texas on
Q: What should I do if have a dui and GAP insurance won’t cover the difference
John Cucci Jr.
John Cucci Jr.
answered on Apr 2, 2024

Sorry about your trouble.

unfortunately, most auto insurance policies have exclusions on coverage when damage or losses are the result of a DWI event. There is some hope. If you have not been found guilty or otherwise will fight the DWI charges, you can still make the claim. Whether or not...
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1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: My son's court appointed attorney agreed to a six month Safe P program for a DWI.

The judge agreed and signed off for the six month program. The day the classes started, my son and the others in the same program, were told by an employee of the private company it is a nine month program, not six as the court had stated. Does the company have the right to extend the judge's... View More

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

In Texas, “SAFE P” is a part of the state's Substance Abuse Treatment Program (SATP) run by the Rehabilitation Programs Division of the Texas Department of Criminal Justice (TDCJ). It is a six-month in-prison program. It is not run by a private company.

A private company does not...
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2 Answers | Asked in Criminal Law, DUI / DWI, Federal Crimes and Juvenile Law for Texas on
Q: I'm 13 and I got caught with 3 disposables on school prpty and 2 were empty one was full of honey, what am I facing.

They also put me down as selling on school property

Jim  Butler
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answered on Feb 4, 2024

We are talking "honey", "budder" - the vape cartridges that contains Delta 8,9, or 10 ? I'm not sure what your schools policy is if you are caught with a vape that contains one of these oils. If it turns out to be Delta 9 they could charge you with possession of marijuana... View More

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2 Answers | Asked in DUI / DWI for Texas on
Q: I was arrested September 3rd charged with DWI have not been indicted yet. Where do I stand?
Jim  Butler
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answered on Jan 31, 2024

Was this DWI filed in Harris County, Texas? In Harris County, when you are arrested for suspicion of DWI, the Police Officer gets on his cell phone and calls the DA's (District Attorney's) office, and lays out the facts of the case. The DA then either accepts or rejects the charges. If... View More

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2 Answers | Asked in DUI / DWI for Texas on
Q: I was arrested September 3rd charged with DWI have not been indicted yet. Where do I stand?
John Michael Frick
John Michael Frick
answered on Jan 30, 2024

If you have been charged, as indicated in your question, you should have by now received a court date for your announcement. For a misdemeanor DWI, this typically occurs within 4-6 weeks of your arrest.

A misdemeanor DWI would be charged by information, not by indictment. It can take...
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2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: Can I seal a DWI if I plead guilty to a misdemeanor B DWI but the original charge was a class A misdemeanor?

First criminal charge in McLennan County. Blew 0.16 but later plead guilty to misdemeanor B (dropped enhancement) and also was placed on probation. Lawyer told me it is deferred adjudication but officer tells me it is adjudicated so I also have questions about this as well.

John Cucci Jr.
John Cucci Jr.
answered on Jan 19, 2024

Unfortunately, unless the court made it part of your plea, you can not seal or expunge a DWI conviction in TX.

If it was part of a Deferred Adjudication, then there may be a chance for an expungement. But, I would need to see all the paperwork and the final judgment. If the case was...
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2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: Can I seal a DWI if I plead guilty to a misdemeanor B DWI but the original charge was a class A misdemeanor?

First criminal charge in McLennan County. Blew 0.16 but later plead guilty to misdemeanor B (dropped enhancement) and also was placed on probation. Lawyer told me it is deferred adjudication but officer tells me it is adjudicated so I also have questions about this as well.

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Jan 19, 2024

In Texas, if a person received a deferred adjudication for a misdemeanor offense that person may be eligible for a sealing (non-disclosure), but NOT an expungement, if it has been two years since their case was dismissed and have no other DADJs. For DWI misdemeanor convictions, the waiting period... View More

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2 Answers | Asked in DUI / DWI for Texas on
Q: Do the state of Texas have 180 days to indict you on dwi misdemeanor
John Michael Frick
John Michael Frick
answered on Nov 29, 2023

I respectfully disagree with my colleague. If you are being held in jail, and not released on bond, the DA has 180 days to file formal charges against or you will become entitled to be released on a personal recognizance bond when the 180 days expires. The DA has two years from the date of the... View More

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2 Answers | Asked in DUI / DWI for Texas on
Q: Do the state of Texas have 180 days to indict you on dwi misdemeanor
T. Augustus Claus
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answered on Nov 29, 2023

Yes, the state of Texas has 180 days to indict you on a DWI misdemeanor. This means that the prosecutor has 180 days from the date of your arrest to file an indictment with the grand jury. If the prosecutor does not file an indictment within 180 days, your case will be dismissed.

However,...
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1 Answer | Asked in Criminal Law, Civil Rights, DUI / DWI and Employment Law for Texas on
Q: What legal steps can I take regarding an arrest in Texas where deputies took my phone and I was arrested for DWI and possession?

While parked in my truck near a river in Texas at night, I was approached by two deputies who claimed my cell phone was needed for their safety, though I wasn't under arrest or detained then. Upon my refusal, they arrested me, citing marijuana possession, which I had voluntarily turned over.... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation sounds incredibly distressing, and with your arraignment approaching Friday, you need to act quickly. Contact your local public defender's office immediately - every county in Texas has one, and they provide free legal representation for those who cannot afford an attorney. You... View More

1 Answer | Asked in Civil Rights, Criminal Law, DUI / DWI and Employment Law for Texas on
Q: Legal implications of state trooper pointing a gun during traffic stop and subsequent charges.

I was stopped by a state trooper due to mechanical problems with my truck. As I tried to open the hood, the officer pointed a gun at me and accused me of having a firearm and being a felon without asking for my name. He later apologized when he realized there were no guns or crack pipes. However,... View More

James L. Arrasmith
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answered on Mar 24, 2025

The officer pointing a gun at you during a traffic stop can potentially be considered excessive force if they lacked reasonable suspicion that you posed an immediate threat. Officers must have objective justification for escalating to deadly force, and your attempt to open the hood doesn't... View More

1 Answer | Asked in Immigration Law and DUI / DWI for Texas on
Q: Will pending DUI affect my i-751 interview?

I have a pending i-751 waiver application, which is currently out of processing time. Unfortunately, I was charged with a DUI in September 2024. I have since been bailed out and hired an attorney. My case has not been filed yet, so the attorney hasn't needed to take any action. If I receive a... View More

James L. Arrasmith
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answered on Feb 17, 2025

You should definitely disclose the pending DUI charges during your I-751 interview, as failing to do so could be considered withholding information and potentially harm your case more than the DUI itself. USCIS officers have access to various databases and background checks, so they may already be... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: What case would include two perspectives for a dwi project?

I am doing a project on DWI's for school and need a case that includes the prosecutors and defendants perspective to be used as research.

Jim  Butler
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answered on Jan 1, 2025

Case law is made when someone appeals a ruling from a lower court - usually the trial court - to the appellate court. In a criminal case, the appellate court will consider the arguments of both the Defense and the Prosecution, and then render a decision to either uphold the trial courts ruling or... View More

1 Answer | Asked in DUI / DWI, Civil Rights, Constitutional Law and Federal Crimes for Texas on
Q: The cops and a family member couldn't find a way to legally arrest me until this... Is this conspiracy, entrapment?

"Yeah, if he takes off on the quad again, he's probably going to the store, which means it's a DWI."

Officer ...: "You call us on that. It's also not street legal."

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

No, this is not conspiracy or entrapment.

1 Answer | Asked in DUI / DWI for Texas on
Q: So I got arrested on a dwi and when I asked an officer am I being detained and what for he stuttered and never answered

Do I have a chance of getting the charges dropped or what can I do?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 6, 2024

If you passed the blood and breath test you have a chance. Also it depends on how you performed on field sobriety test and the reason he pulled you over

1 Answer | Asked in DUI / DWI for Texas on
Q: I had a license suspended for a dui. How long should I wait to try and get it reinstated.
T. Augustus Claus
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answered on Oct 17, 2023

You should try to get your license reinstated after you have met all of the requirements for reinstatement and feel ready to drive again and for personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

1 Answer | Asked in DUI / DWI for Texas on
Q: How long after a dui should I try and get my license reinstated?
T. Augustus Claus
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answered on Oct 17, 2023

You should try to get your license reinstated after you have met all of the requirements for reinstatement and feel ready to drive again. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

1 Answer | Asked in DUI / DWI for Texas on
Q: Can I remove someone else's interlock from my car? Their name is no longer on the title

My ex did not follow up with the calibration of the device, and will not complete the steps to have it removed from the vehicle. However their name is no longer associated, in any way, to the vehicle. I am making the payments on this truck, and can not even start it because the device has been... View More

John Cucci Jr.
John Cucci Jr.
answered on Sep 16, 2023

You can remove the interlock. I would send the bill to my Ex.

You have no obligations to him or the court. Therefore, you can remove the device from YOUR vehicle.

Your Ex needs to update the court and/or the probation department about his vehicle status.

I hope this helps.

Good luck!

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