Texas DUI and DWI Legal Questions

If they didn't take your blood it's not all that likely they'll be able to file charges against you. If you were on meds, which caused you to lose control of the vehicle, you can be prosecuted for DWI. However, if there's no video, if there's no test, if there's no blood, then there's not much evidence for them to use to go after you. If you get a summons in the mail ordering you to appear in court, then you'll know they filed on you. The other thing that may happen is they may simply issue a warrant for your arrest. But, like I said, if they didn't at least get a blood test, there's not much they can use, and I wouldn't expect a future charge.... Read More

You got bad advice. If there's an outstanding warrant for your arrest for a DWI, it will be there forever, until you get it taken care of. To be clear, a "DUI" in Texas is a ticket issued to people under 21 who are suspected of driving under the influence. "DWI" is the over 21 charge, and is more serious. If all you have outstanding is the DUI ticket, you should just retain a TX attorney to handle it for you. Since you're living out of State now, your attorney may be able to get the warrant lifted, get you on a docket, make an appearance on your behalf, work out a resolution to the case, and all you'd have to do is mail in a check for the fees/court costs (if it can be worked out that way). The worst thing in the world to do would be to ignore it.... Read More

The answer depends on a couple of things: (1) what court are you in? (2) is there a non-alcohol-related explanation for the high blow into the GI?  Don't make the mistake of thinking that compliance with all other terms will do you any good. As a particularly crotchety old Judge growled at me once: "It only takes one [violation]!"  Your probation can be perfect. But, if the reason your GI blow was high was because you were drinking, you should expect bad things to happen with your probation.... Read More

If you have experience with legal processes in criminal court then establish a time line and line up your witnesses, get all discovery from the state and prepare the defense. There is nothing simple about a trial and the technical skill necessary to present evidence requires some knowledge of the system. If you lose the case you will have a conviction for your lifetime, surcharges in the thousands of dollars, fines, court costs and jail time or probation. ... Read More

The attorney is typically the person who will access to the State's file. They're not going to release their evidence to a non-lawyer, for a variety of reasons. Unfortunately, you won't be able-on your own-to determine whether he's "innocent," or not, if and until an attorney reviews their file. Usually, you don't see an arrest for DUI and tampering. DUI is a class c offense, which would apply in the case of a 19 year-old stopped for suspicion of DWI (DUI is the offense applicable to underage drivers - the burden of proof required to convict a person of DUI is not the same as that which is required to convict an adult of DWI). If the officer was able to articulate "any detectable amount" of alcohol, then your son could in fact be guilty of DUI. Tampering, in these situations, usually implies a person destroyed potential evidence. If it was a drug case, and, for example, he swallowed whatever the substance was, that would considered tampering. And there is no such thing as an inconclusive breath test. It's either above the limit; or not. Again, the "limit," or 0.08 g/ml, does not apply in a DUI case.  Mostly, I've offered a bunch of educated guesses, given the limited facts provided. An attorney would very likely be able to answer more intelligently with additional information.... Read More

It depends on the PO, usually. Also, it depends on what the person is on parole for. If they're on parole for a felony DWI, my guess is a new DWI allegation would certainly violate them. It would probably be a big issue if he/she is on parole for a drug case, since the two are closely related. The biggest thing he/she needs to worry about at this point, is hiring the very best attorney they can to fight the DWI. If they win, they'll have a stronger argument before the Board of Pardons and Parole.... Read More

You are correct with respect to the range of punishment on a 1st DWI. However, there is a possible enhancement issue. If your breath/blood test is over a .15 they can enhance you. What that means is that you would be facing the same range of punishment someone would face for a 2nd DWI, which is up to 1 year in jail, and a $4K fine. If it's not the enhancement issue, and you have no priors, they may have your name in the TCIC/NCIC check mixed up with someone else's.  In my opinion, you shouldn't be asking about the range of punishment until you know if they can even prove their case, though. I always inform my DWI clients of the range of punishment. But, I also make sure they understand the most important thing to do is to see if their evidence is sufficient to convict you. If it's not, or if you don't know, you need to hire an attorney who can/will do that for you.    ... Read More

Yes, you can still be charged. If the arrest was only 5 days ago, the most pressing issue is the ALR. If the officer confiscated your DL, he will have sent that paperwork to Austin. So, the clock is ticking. You have only 15 days from the date of arrest to contest the 6 month suspension of your license. I specialize in DWI cases, and can tell you that I handle the ALR on every single DWI case I'm hired on, provided I am hired within that 15 day window. It gives us an opportunity to fight to prevent the suspension. Also, it's our only real opportunity to get live testimony from an officer prior to trial.  As for the arrest, here's what will happen. The hospital should have drawn the blood. It will then be sent to a lab to be tested for the BAC level. Once the report is issued it will be sent to the agency that requested the testing (the arresting agency and/or the DA's office). If the BAC is at or above a .08 either a warrant or a summons will issue for your appearance on the case.  Right now there's a pretty significant backlog for blood testing at the labs. So, it could take up to a couple of months before you hear anything back on the blood. But, don't wait. Again, you can still fight the ALR; and it's an important piece of the discovery process in a DWI defense.... Read More

Everyone has a right to a speedy trial. However, it takes more than just the passage of 4 months to prove that your right to a speedy trial has been violated. There are several factors that courts would consider in making that determination. If you have an attorney you should contact him/her to find out where the case is at, procedurally. If you don't have an attorney you should seriously consider hiring one. I specialize in DWI defense, and can tell you there are myriad issues to consider when handling a client's DWI case. If the case can be beat, it's worth the money to find out.... Read More

Legally, there would be two ways to advance the argument you are making. The first would be in the form of a motion to suppress the arrest based on a lack of reasonable suspicion/probable cause to make the initial stop. If that argument failed, it could be possible to submit the same argument to the jury, by way of a specific request for a jury instruction, or a 38.23 instruction. Then, of course, there is the fight over whether the DWI is a good arrest. Even if you admitted to having drinks, I wouldn't throw in the towel on that argument. Remember, DWI is an opinion crime: in the officers opinion, based on the totality of the circumstances, he/she believed you had lost the normal use of your mental/physical faculties. Lastly, unless you were cited for DUI (i.e. under the age of 21) this is not a "ticket." A charge for DWI carries some pretty serious potential consequences, up to and including 6 months in County jail. So, while it is certainly a good idea to post questions and seek advice, I would caution you againt the idea of confronting this kind of case without a good defense lawyer.... Read More

The gun case is largely dependent upon what happens with the DWI. If you have a CHL, then the only way to beat the gun case is to beat the DWI.  The strength of the DWI depends on (a) how you looked on the cops dashcam video (if there was one); (b) the station video (if there was one); (c) whether there was a breath test or a blood test; and (d) what you told the officer during the course of his/her investigation and arrest. If you look normal and sound normal on the videos, and there is no breath or blood tests, you should not plea guilty to it, in my opinion.  Your options with respect to the DWI is to plead guilty to it, or set it for trial. You can't get deferred probation in Texas on an alcohol case, so that is why the options are more limited than for some other type of cases. Often, the only way to avoid a conviction for a DWI charge is to take it to trial, and to win.  ... Read More