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Texas DUI and DWI Legal Questions

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189 legal questions have been posted about dui/dwi by real users in Texas. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include criminal law, theft, and weapons charges. All topics and other states can be accessed in the dropdowns below.
Texas DUI and DWI Questions & Legal Answers - Page 4
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DUI/DWI
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Recent Legal Answers

Would I be able to get some type of driving permit in one state until I get reinstated in another state?

Answered 12 years and 4 months ago by Mr. Robert W. Eutsler (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Yes, in Texas.
Yes, in Texas.

can a drivers license reinstated after a dwi conviction over 20 years ago?

Answered 12 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
I dont know TX law, but your suspension period has probably expired. You need to speak with a local lawyer that handles driver license restoration issues. The lawyer can get your record from the TX Department of Motor Vehicles and see what is needed to restore. 
I dont know TX law, but your suspension period has probably expired. You need to speak with a local lawyer that handles driver license restoration... Read More

Are there laws against serving alcohol to intoxicated patrons?

Answered 12 years and 6 months ago by Jared Clayton Austin (Unclaimed Profile)   |   9 Answers   |  Legal Topics: DUI/DWI
You could face civil liabilities if they go home and have an accident or hurt someone else.
You could face civil liabilities if they go home and have an accident or hurt someone else.

Can I argue to the court that I was not read my Miranda rights?

Answered 12 years and 6 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
You only get Miranda if you are going to be interrogated. And the remedy would be suppress any statement you made. Hire a skilled trial attorney to assess your case.
You only get Miranda if you are going to be interrogated. And the remedy would be suppress any statement you made. Hire a skilled trial attorney to... Read More

Is it possible to have my arrest information listed if I never received a DUI arraignment?

Answered 12 years and 6 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
Depends on the county. Many rural counties take up to 3-4 months to give you an arraignment date. However, you only had 15 days from the date of arrest to try and save your license. You need to call a DWI trial attorney and figure out where to go from here.
Depends on the county. Many rural counties take up to 3-4 months to give you an arraignment date. However, you only had 15 days from the date of... Read More

Can I still get a driving license or not?

Answered 12 years and 6 months ago by Mr. Robert W. Eutsler (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You should have received a Notice of Suspension/Temporary Driving Permit. It's good for 40 days as your license if you did not request a hearing within 15 days. A proper hearing request within 15 days "stays" the suspension until an administrative judge makes a final decision, which may take place longer than 40 days. I have had clients tell me that they went to DPS and obtained a replacement plastic license before any suspension takes effect. But that does not protect against a suspension arising out of the DWI arrest.... Read More
You should have received a Notice of Suspension/Temporary Driving Permit. It's good for 40 days as your license if you did not request a hearing... Read More

DUI in a Texas Gated Community?

Answered 12 years and 7 months ago by Mr. Robert W. Eutsler (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Probably public enough, but you have no legal standing to force police/district attorney to prosecute a DWI.
Probably public enough, but you have no legal standing to force police/district attorney to prosecute a DWI.

Would the fingerprints taken, end up in the FBI database?

Answered 12 years and 7 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   5 Answers   |  Legal Topics: DUI/DWI
If it was a state charge, I doubt that the FBI would have any information on it. You could request a copy of your file through the freedom of information act.
If it was a state charge, I doubt that the FBI would have any information on it. You could request a copy of your file through the freedom of... Read More

I had 3 DUI back when they had the 10 year rule and I was over that so I wasn’t charged for a felony back then is this correct?

Answered 12 years and 8 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   5 Answers   |  Legal Topics: DUI/DWI
Once the case is closed, the charges and the disposition cannot be changed.
Once the case is closed, the charges and the disposition cannot be changed.

Can the police get a warrant for me to take a blood test and charge me with DUI if the test is positive?

Answered 12 years and 8 months ago by Mr. Robert W. Eutsler (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes, if done correctly.
Yes, if done correctly.

What are my odds for getting a DUI charged reduced or dismissed?

Answered 12 years and 8 months ago by attorney Mr. Mark R. Thiessen   |   2 Answers   |  Legal Topics: DUI/DWI
Yes you have a chance, but you are going to need a respected DWI trial attorney.
Yes you have a chance, but you are going to need a respected DWI trial attorney.

Why is the DWI that was dismissed on record and can the court, use that against me?

Answered 12 years and 8 months ago by Scott M. Powers (Unclaimed Profile)   |   9 Answers   |  Legal Topics: DUI/DWI
If the DWI was dismissed it should not be used against you.
If the DWI was dismissed it should not be used against you.

As a student in Texas who was recently arrested first time for drunk driving, what should I expect?

Answered 12 years and 8 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
You need a DWI attorney.
You need a DWI attorney.

What do the abbreviations AETD and VIP stand for regarding a DUI conviction?

Answered 12 years and 9 months ago by Dean P. Valente (Unclaimed Profile)   |   10 Answers   |  Legal Topics: DUI/DWI
Alcohol education and MADD victim impact panel.
Alcohol education and MADD victim impact panel.

What does it mean if a probable cause charge is filed but the judge doesn't sign it?

Answered 12 years and 9 months ago by Gregory Karl Crain (Unclaimed Profile)   |   14 Answers   |  Legal Topics: DUI/DWI
There's no probable cause.
There's no probable cause.

I want to know what charges will I be facing and for how long? And can I sue the driver of the tow truck?

Answered 12 years and 9 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
First, try and get out of your DWI. And to stand a chance at that you need a DWI attorney. You have 2 years to sue the tow truck. Get out of the DWI first.
First, try and get out of your DWI. And to stand a chance at that you need a DWI attorney. You have 2 years to sue the tow truck. Get out of the... Read More

Why is my wife being charged with DWI BAC .08 if it's not for alcohol?

Answered 12 years and 9 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
Depends on your county. Here in Harris that charge just lets me know that there is a blood, breath, or urine test associated with her DWI.
Depends on your county. Here in Harris that charge just lets me know that there is a blood, breath, or urine test associated with her DWI.

I am a non citizen and was convicted of DWI. Will that stop me from buying a gun in Texas?

Answered 12 years and 9 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
The conviction will not stop you. But your immigration may.
The conviction will not stop you. But your immigration may.

What can I do if I was recently stopped because my tail light is out?

Answered 12 years and 9 months ago by Mr. Robert W. Eutsler (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Depends on if in commercial vehicle, if confiscated your license and other factors.
Depends on if in commercial vehicle, if confiscated your license and other factors.

What can I do if I was recently stopped because my tail light is out?

Answered 12 years and 9 months ago by attorney Mr. Mark R. Thiessen   |   2 Answers   |  Legal Topics: DUI/DWI
No. won't affect you at all. No charge no nothing. Sounds like you're good. However CDL does have a limit of 0.04 but have to be driving the rig at that time and they charge you with DWI.
No. won't affect you at all. No charge no nothing. Sounds like you're good. However CDL does have a limit of 0.04 but have to be driving the rig... Read More

If the blood work came back negative for alcohol in a wreck, can the police send it back to lab for amphetamines?

Answered 12 years and 9 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Absolutely. They probably did the test for drugs and alcohol at the same time.
Absolutely. They probably did the test for drugs and alcohol at the same time.

If the blood work came back negative for alcohol in a wreck, can the police send it back to lab for amphetamines?

Answered 12 years and 9 months ago by attorney Mr. Mark R. Thiessen   |   2 Answers   |  Legal Topics: DUI/DWI
Yes, they probably will send it for drug testing if your results are negative for alcohol.
Yes, they probably will send it for drug testing if your results are negative for alcohol.

Can an blood test show more alcohol than a breathalyzer test?

Answered 12 years and 10 months ago by Timothy Kevin Byrne (Unclaimed Profile)   |   34 Answers   |  Legal Topics: DUI/DWI
Yes, or lower.
Yes, or lower.
DUI/DWI
Texas

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