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Texas DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: arrested for felony DWI. While waiting to be transported to booking I needed to urinate.

Cop pulled me out on the Expressway and Had me urinate on the side of the expressway. Could thus effect/dismiss my charges in any way? It’s illegal right?

Benson Varghese
Benson Varghese
answered on Feb 3, 2022

From a legal perspective, no it won't make a difference. From the standpoint of how officers treat you may make a difference to jurors, possibly.

These are more common issues that come up: https://www.youtube.com/watch?v=_Y3dbpPGgzI

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: Am I responsible if my probation officer has not enforced my conditions of probation?

I was sentenced to 10 years probation back in 2016. I was ordered to do 1 weekend in jail a year until I complete 100 hours to honor the victim and have never done a weekend yet. I got a violation in 2018 and completed the conditions for that revocation. I got another violation in 2020. I was... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 20, 2022

It is YOUR responsibility to comply with the terms and conditions of probation. The court put you on probation and only the court can modify or revoke your probation. Your probation supervision officer's role is to monitor your progress and report to the court regarding your compliance (or... Read more »

1 Answer | Asked in DUI / DWI and Employment Law for Texas on
Q: can someone be fired for a dwi, yet others in their job field received the same charge and were not fired?

civil service employee charged with dwi off duty. is being told she is to be terminated as per collective bargaining agreement. per CBA they are subject to termination. however, previous dwi accounts concerning other employees over the last year did not result in termination

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 7, 2021

You can be fired if that is part of the agreement. Retain a lawyer and try to get the DWI dismissed .

1 Answer | Asked in Civil Rights and DUI / DWI for Texas on
Q: My fiancé was arrested for DWI and the officer tried to take his blood himself at the police station. Is this legal?

He was arrested for dwi in 2018. He is diabetic and police wanted to take blood to get his BAC. The cop tried to draw his blood himself in the police station himself and kept missing his vein. He has been waiting since 2018 to get a court date and it kept getting pushed out. We finally found out... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 11, 2021

What should you do now that your boyfriend's case has been "dropped"? You both should thank your lucky stars that the nightmare is over. If you think about suing the police, go talk to a civil rights attorney. I doubt you'd be able to get a good lawyer to take the case without... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: How does a DWAI conviction in New York affect my Texas driver’s license. Will my Tx license be suspended??

My case is currently being pleaded down to DWAI, in New York, that is a traffic violation w/a BAC of .07. Texas does not have an equivalent. My New York attorney is unable to council me on how it will affect the Texas driving privileges.

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Oct 6, 2021

In both New York and Texas, a DWI can mean that the driver is legally intoxicated, with a blood alcohol content of at least 0.08 percent. Under NY law, DWAI means "driving while ability impaired, either by drugs or, in your case, by ingestion of alcohol which results in a BAC (blood alcohol... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: How much bond for failure to appear in court for the second time in Texas for a DUI

The original DWI bond was 1000. Failure to appear in court the second time was 5000. What approximately would

it be to bond out for failure to appear the second time? I'm the only one that can bond myself out (I'm too high

risk for the bail bondsman) so I am bringing... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Sep 20, 2021

This is very simple. Hire a lawyer immediately and have him or her take you to court to arrange the new bond. The actual amount of your new bond depends on many things that only a good local criminal lawyer can successfully communicate to your prosecutor and your judge. Don't try to do this... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: I'm currently serving a 10 year probation for a 3rd DWI offense in Houston, TX. I've been offered a job in McAllen, TX

And based on my current situation if I were to accept the job offer would I be able to move to McAllen? Or do I have to remain in Houston until I complete my probation?

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Jul 26, 2021

Yes, supervision of your probation will be transferred to the new county of residence.

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Texas on
Q: our lawyer said could only was revoke BF;s bond all his missed court dates due to not being released we dont understand

I don't know the specifics of the cases what I do know is that IN 2019 my boyfriend was charged with a thc vs in Freestone County He was given the option 8 years probation or 10 years, He failed a UA in 2020 for weed and was arrested for a revocation, HIs lawyer bonded him out and came back... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jul 26, 2021

Criminal defense attorneys are not technically required to talk to anyone but the defendant. Cheap or court-appointed attorneys are often too busy to talk to the defendant's loved ones. You could hire a better attorney to replace the existing attorney and perhaps get better customer service... Read more »

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Texas on
Q: How do you get someone involuntarily committed for substance abuse in Texas?
Grant St Julian III
Grant St Julian III
answered on Jul 7, 2021

If you believe this person is a danger to himself/herself or others, you can request an involuntary mental health commitment. This process cannot adequately explained in this forum. Call an attorney in your area. Good luck.

1 Answer | Asked in DUI / DWI, Family Law and Child Custody for Texas on
Q: My boyfriend is currently on probation for 3 dwi’s, can I stop him from getting unsupervised visits when our son is born

Boyfriend has a blower in car and continues to get drunk almost daily. He is now also smoking the CBD vape pens. The thought of him having unsupervised visits with our newborn in November terrifies me

Sharita Blacknall
Sharita Blacknall
answered on Jun 2, 2021

When the child is born you can file a suit affecting the parent-child relationship. That will allow you to get an order from the court regarding where the child will live, who the child will live with, visitation, child support, health insurance, and medical expenses not covered by insurance.... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: What is disposition in court?

I have an active DWI case. I looked online and for the next court setting it says Disposition..appearance waived. What does this mean? What will happen at this court date?

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 28, 2021

Disposing of a case means closing it with some sort of resolution. The "disposition paperwork" explains how it was closed: conviction, deferred adjudication, dismissal, etc.

1 Answer | Asked in DUI / DWI for Texas on
Q: I had a dwi 2nd misdameanor a public defender I need to revoke probation due to costs . Need advice how to go about it.

Got mobile breathalyzer 100mnth fine 55mnth prob 60,month classes 300 I'm not working have no car. Hard time finding a job and then paying for uber and taking the breathalyzer to work

Grant St Julian III
Grant St Julian III
answered on Apr 27, 2021

Go to the court that granted your probation and explain your financial situation to the Judge. Good luck,

1 Answer | Asked in DUI / DWI for Texas on
Q: How do I revoke probation and I can't afford an attorney

Tarrant county dwi 2nd misdeameanor.

Grant St Julian III
Grant St Julian III
answered on Apr 22, 2021

You cannot revoke probation. The State can file a motion to revoke probation and eventually the Judge can enter such a motion. Go talk with the Judge who granted the order. Good luck.

1 Answer | Asked in Criminal Law, DUI / DWI, Antitrust and Cannabis & Marijuana Law for Texas on
Q: How do I go about getting someone involuntarily committed in Montgomery County tx. He does not even acknowledge he has a

Drug problem but says that he is a drunk. If he loses to much more weight he might die. He is killing himself with the keystone beer and from my understanding he uses a needle for meth and I have pictures of him smoking it. He was drunk one night and wouldn't let me drive and almost killed... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 9, 2021

Ask a Family Law attorney about how to pursue the involuntary commitment of an adult who is a danger to himself and others.

1 Answer | Asked in DUI / DWI for Texas on
Q: Hi, arrested for Dwi with child passenger. First time no previous record. Interlock required but I don't drive at all

How can I get out of the interlock ignition? I have a mobile interlock but I don't have a car & I'm not driving at all.

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Apr 4, 2021

You can file an affidavit with the court stating that you do not drive a vehicle and will not drive any vehicle unless and until that vehicle is equipped with with a court-approved ignition interlock device. Make sure you prepare and file the affidavit with the court within the time allowed for you... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: I got a DWI when barely 21, 15 yrs ago in TX. Texas law says I can't expunge; what if I move out of TX?

Got DWI 3wks after turning 21. I am now 36, and dont even drink anymore. If I establish residence out of TX can I get it expunged from my record? It is -killing- my insurance rates even all these years later?

Grant St Julian III
Grant St Julian III
answered on Mar 2, 2021

It is the final disposition of a case, not the passage of time, that determines eligibility for expunction. Moving out of the State will have no affect on this issue. What was the disposition of the case?

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: Is there an Attorney in New Mexico that is aware of the Agreement on Detainers under Article 6 of The U.S . Constitution

If so my ? Id .Does the defendant having pending charges have any responsibility. Duty to initiate the extradition process other that he /het wanting to clear his / her name. Article 4 of the same agreement states .if the prosecution initiates extradition they place a 120 day statute of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 26, 2021

This website shows the questions to attorneys by state, so this question is being shown to attorneys in Texas. If you want an answer from an attorney in New Mexico then you should re-submit your question with the "location" field set to somewhere in New Mexico, even if YOU are currently... Read more »

1 Answer | Asked in Car Accidents, Criminal Law, Personal Injury and DUI / DWI for Texas on
Q: My wife was arrested and charged with Intoxication Assault w Serious Bodily Injury (a 3rd degree felony).

Her lawyer advised it would be better to plea to Agg Assault w/ Deadly Weapon (a 2nd degree felony). Is there any sense to pleading to a higher degree felony? Probation is offered in both cases by the prosecutor.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 24, 2020

As a general rule, a second-degree felony is more serious than a third degree. However, nobody on this forum is in any position to second guess your wife's attorney. There are reasons why this could make sense, so your wife should simply ask her attorney for an explanation.

For...
Read more »

1 Answer | Asked in DUI / DWI, Family Law and Child Custody for Texas on
Q: My name is lisa and my daughter just had a baby and he tested positive for meth, which ;) shouldn't have because she

Can a person be denied guardianship over a child that has an 8 year old or longer dui charge?

Sharita Blacknall
Sharita Blacknall
answered on Nov 18, 2020

It depends on the totality of the circumstances and the person's current situation. The person seeking guardianship can file with the court under certain circumstances in order to show that they are a good candidate for guardianship.

1 Answer | Asked in DUI / DWI for Texas on
Q: Hi what does unapprehended mean on my case file? Where it supposed to say “ case closed” it says unaprehended instead.
Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 11, 2020

Whose file are you talking about? The prosecutor's file, your lawyer's file or a file you were able to access on the internet (one which you found in, for example, the county's website)? I am going to assume you went to the website of the county where your case was prosecuted, i.e.... Read more »

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