Texas DUI and DWI Legal Questions

Is this for a DWI related offense? If so, you are not eligible for early termination of supervision. See Texas Code of Criminal Procedure 42A.701(g)(1) (formerly 42.12 Section 20(b)) – “This article does not apply to a defendant convicted of: (1) an offense under Sections 49.04-49.08, Penal Code” If it is for a different type of offense, I could assist. You will have to contact me directly to discuss pricing (not supposed to do that on the Q&A section).... Read More

If you were driving, and the blood labs come back with a controlled substance in your system, you could be charged with DWI. If that happens, feel free to contact me directly to discuss representation. I only do criminal defense. If you want to sue the police officer for assault, you would need to contact a civil attorney. Be prepared to pay the civil attorney a retainer fee and an hourly rate. Tristan LeGrande 281-684-3500 tristan@legrandelaw.com... Read More

It just means it is not a trial setting. It will be a setting where Mr. Molina will be brought up to the court, and he will get to meet with his appointed attorney for the misdemeanor assault case. If he wants to resolve his case by a plea bargain, he can do so on that date. If not, he can reset for another non-trial setting, or, he can set his case for a pre-trial conference (and eventually trial). Feel free to give us a call, or send us an email if you want to discuss representation for his assault case, or the Felony Unauthorized Use of a Motor Vehicle case he has pending.   Tristan LeGrande 281-684-3500  tristan@legrandelaw.com... Read More

It will be up to the Judge, ultimately. If you violate your probation by - for example, being convicted of commiting another crime (public intoxication in your case), the state can file a motion to revoke your probation. The felony probation would mean you could be revoked and sentenced anywhere within the punishment range for that offense. So if the offense were, for example, a 3rd degree felony, you could be revoked and sentenced from 2 to 10 years in prison (even if your probation is shorter). These are all what COULD happen. You also could have your probation reinstated or extended with additional conditions. Whats IS going to happen? Impossible to predict. If you want to increase your chances of staying on probation, hire an attorney to represent you on the probation revocation.  Good luck!... Read More

There is no statute of limitations issue. If he leaves the state, his probation will be frozen once a motion to revoke probation is filed. The warrant will then exist until the end of time, and if he comes back to TX he will be arrested on the warrant, and have to resolve the motion to revoke his probation (which would result in a jail sentence).... Read More

You can call the court and see if they will permit you to re-schedule it (unlikely, but you can try). Having work is not an excuse the Judge will usually accept to miss a court appearance. If you have hired an attorney, you can check with your attorney of record to see if your specific court will permit you to waive your appearance. If it is the first appearance since being charged (the arraignment) it cannot typically be waived.... Read More

You are taking the next right step - finding an attorney. I suggest reading client reviews, setting up some consultations with a few attorneys, and then hiring who you trust to defend you in your case. Make sure you come prepared for the consults: know your budget, expectations, and your case info before the appointments. Good luck.... Read More

Three ways they can prove a dwi. Proof beyond a reasonable doubt that a person: (1) lost the normal use of their mental faculties; (2) lost the normal use of their physical faculties; or, (3) had a bac over .08. Without a blood or breath test, it is typically more difficult for the State to prove their case.... Read More

You're in luck, you don't need to find out what you are looking at without a lawyer, because you are entitled to one if you cannot afford it. Umlawful carry of a weapon is a class A misdemeanor, up to 1yr in jail, up to a $4k fine. Assault family violence is a class A misdemeanor as well, unless there is an allegation of choking, then it is a 3rd degree felony, 2 to 10 yrs in prison, up to a $10k fine. If you decide to proceed without an attorney and represent yourself pro se? You are looking at the same potential punishments as if you had an attorney, but the outcome of your case may end up much worse. No one is wise to represent themselves in a criminal case. If you cannot afford a lawyer, a court appointed lawyer is your best bet.    Good luck.... Read More

Your license can be suspended 2 ways from a DWI arrest: 1) Administrative License Revocation (ALR)- If you are arrested for DWI and refuse a breath or blood test, your license can be suspended 6 months; if you voluntarily provide a sample, it can be suspended for 90 days. You can request a hearing on the license revocation within 15 days of arrest or it is waived. If no hearing is requested, the suspension starts 45 days after arrest. If you request a hearing, your license may not get suspended - you would need a lawyer for this.   2) DWI conviction- 1st offense DWI conviction your license can be suspended from 90 days to 1-year.   If your license is suspended, you can obtain a license to drive during the suspension (occupational drivers license).... Read More

Without knowin additional details regarding your case, the county, and court you are in, it is impossible to predict. However, it is not a good idea to just pay the fine for a DWI offense without having a lawyer review the evidence, facts and circumstances of your case. You may have defenses. You may be able to keep it off of your record completely - with no prior criminal history, or even no prior DWI's, you may have options available to you as a first time offender.   Even a conviction for a DWI can have lifelong consequences. Hire a lawyer you trust to defend your case. If you cannot afford a lawyer, consult with your appointed attorney before you make a decision.  Good luck. ... Read More

You can sue for anything, so technically the answer to your questio is yes, but you have no case for specific performance or psycholigical stress.  You may have a case for breach of contract, but you would not be compensated for any emotional damage caused by a breach of contract and you can't get the remedy of specific pe4rformance where performance is basically fungible.  You could hire another moving company and sue for anything you have to spend above the original contract price.  Theoreticallly, if the court finds that the moving company materially breached your contract, thereby justifiying you in replacing it, you should win.   BTW, your case obviously doens't belong in DUI, my finger slipped when I tried to list it as breach of contract.... Read More

You will need to consult with an attorney to determine the merits of your case and how strong of a case the State of Texas has against you.  You also need to have an attorney request an ALR Hearing on your driver's license as this hearing allows a trial lawyer to gather the version of the facts that will most likely be testified to by the police officer(s) that arrested you. You should not discuss your case or do anything on social media about this arrest.  Keep your version of the facts to yourself until you have had the opportunity to discuss this case with a trial lawyer who does criminal law and DWI cases. The date you were arrested is important as there are time limitations regarding your ALR hearing.  I hope this helps you understand the importance of the ALR hearing. A lawyer will want to know the reasonable suspicion to detain you and the probable cause for arresting you.  You should do everything you can to remember exactly what you said to the officer and what was asked of you by the officer. You should also construct a timeline for yourself using your cell phone data in order to help support your version of the events.  And, if you did drink alcohol or take medications prior to your arrest, recall the times, quantity and if you had eaten.  If you have credit card statements for proof of eating, keep them as well as receipts for any alcohol. Hang in there, what seems insurrmountable often is not by a Texas Board Certified Criminal Trial lawyer by the Texas Board of Legal Specialization.... Read More

The judge is unlikely to give you and extension because you want to switch attorneys on the eve of trial - becuase this is a common "tactic" in the view of most judges where people are trying to buy more time.  That being said, if your attorney has never talked to you about a trial and you are habitual, that might be a basis for the judge to grant you more time.  More info: Habitual Offenses  DWI Enhancements... Read More

The degree to which any attorney can help you depends on several factors. As an initial matter, the prosecutors first have to be able to prove you were guilty of the offenses. If not, a good lawyer might be able to get one or more of the charges dismissed. If they can prove all three, then it becomes a matter of negotating with the State, and discussing the risks associated with any potential proposed resolution, with you. Ultimately, you're the one driving the boat. Our job is to give you the best advice we can, and to point out the icebergs, so to speak. Feel free to call me with additional questions. Best, Rick... Read More

From my experience, many people believe that they passed their sobriety test when in reality they do not know what the officer is looking for when they have a person performing the test. It depends on many factors and you will have to hire an experienced criminal defense attorney to evaluate your case. Additionally, there is an obvious difference of opinion between you and the officer on whether you passed the test or else you would not have been charged. Consult a criminal defense attorney, most offer free consultations.... Read More