Texas DUI and DWI Legal Questions

First off, I'm sorry this happened to you and your family.  It's always difficult when a familiy member, especially a spouse, gets in legal trouble.  The first and best thing you can do for your wife is find her the best criminal defense lawyer you can.  DWI with Child Passenger is a state jail felony offense, punishable by 6 months to 2 years in the state jail facility, or probation in certain cases.  Hopefully she did not, as you said, 'take a swing' at the officer as that would land her with a 2-10 year indictment ofr assault of a public servant.  Suffice it to say that this case is very serious.  Call a local criminal defense lawyer...this website is a great place to start your search.  Many of us offer free consultations on these types of cases, and can advise you on how best to proceed.  Meet with a few lawyers, then hire the one that you and your wife believe can keep her out of jail.  Hope I helped, good luck!   Cordt Akers Criminal Defense Lawyer, Cogdell Law Firm (713) 426-2244 cordt@cogdell-law.com... Read More

First off, I am so sorry this happened.  It is always difficult for a parent to see their child go through the system, especially when he shows so much promise in completing his education.  Above all, your son's goal should be keeping it off of his permanent record.  The first step is to see if the arrest is a case the government can win.  A good criminal defense lawyer may be able to get the charges dismissed entirely.  If that isn't an option, there is a program called "DWI Pretrial Intervention" by which your son would be supervised for a year and, if he completes everything he is required to complete, the charges will be dismissed at the end.  Not everyone qualifies for this, so it is important to have a lawyer who understands the ins and outs of the program.   All of these options will require an excellent criminal defense/DWI lawyer familiar with the practice where your son is being charged.  Many of us will offer you a free consultation for your sons case, and will give you advice on how to proceed.  Meet with a few lawyers and hire the one you believe is best suited to keep your son's record clean. Good luck, hope I helped! Regards, Cordt Akers Criminal Defense Lawyer... Read More

No. Once a charge is accepted by the DA's office they are the only agency (other than the judge in certain situations) that can dismiss the prosecution. What you can do is speak to your brother's attorney. Depending upon what you have to say, you might be able to help your brother's lawyer get the case dismissed. You may also consider going directly to the DA and speaking to whomever is handling the case. I think you going to speak to the DA is the worst option. If you don't know exactly what helps and how to use what you have to say in a helpful way, you may end up doing more harm than good. In fact, that's usually what happens. Find him a good lawyer so that, if it can be done right, it is done right the first time.... Read More

Yes. It's not additional sentencing in the way you are thinking. He's adding a condition to your request for an occupational license. And, as it appears your suspension is due to the convictions, the judge may be required by statute to impose the interlock as a condition of the occupational. ... Read More

Your attorney is giving you great advice. It takes a while for you to get in front of the judge if you report near the weekend. If your attorney is telling you this, he likely knows how much time it takes for you too get in front of that Judge. You should listen to your attorney. Good luck.... Read More

Consult a criminal lawyer. The laws in each state are different from one another, and only a lawyer well-versed in the law of the state in which you on probation can give you a useful answer. That said, if you are asked a question in court, whether or not you are under oath, you have no choice but either to tell the truth, or respectfully refuse to answer.... Read More

Hire an experienced DUI lawyer. In response to your DUI Post: I am a criminal defense attorney with more than 17 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- DMV Issues - If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Evidence Issues - It would be valuable to immediately request all police reports, including all audio and video recordings from dash recorders, lapel recorders and police station recorders from the police agency that arrested you and the prosecution. Include in your written request a statement that you believe the audio and video recordings are ?material and exculpatory.? Make sure you get a copy of your request with the date, signature and name of the person that you give it to. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.... Read More

Yes. None of those (i.e. breath/blood/FST) is a prerequisite to a conviction for DWI. All the State must convince the jury of is that you had lost the normal use of your mental or physical faculties, by reason of the introduction of alcohol, drugs, or some combination. Usually a case like this would be based on the driving facts (e.g. a car wreck or other bad driving facts observed by a witness) or observations made by the police officer. A good defense lawyer will have an argument for every little b/s thing they try to come up with. Ultimately, it's up to the jury, though.... Read More

A jury can convict you if the State can prove you were intoxicated by "reason of the introduction of alcohol or drugs or any combination thereof." So, the short answer is yes, they can get you for the synthetic. There are issues with synthetic in terms of associating it with the illegal drugs enumerated in the H&S Code, though. Beyond the classification issue, there might be an issue with respect to the toxicological effects smoking synthetic would have on you 4 hours after smoking, if they even have evidence to prove that. The DRE exam may be a red herring; or it may be reduced to that. The DRE protocol is supposed to allow the cops to determine which "drug class" your alleged intoxication may stem from. I don't believe synthetic is among the drugs that are included in the DRE protocol. Synthetic isn't MJ; so I wouldn't allow them to testify that the signs and symptoms observed with respect to an MJ investigation are the same as those that should be observed when a person has smoked an entirely different-non-natural, substance. So, there are a lot of issues that can be explored in your defense. If it's your 3rd, you probably already know you're looking at 2-10 years in prison. And, it sounds like this one could be beatable. Hire a good lawyer well-versed in DWI.... Read More