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 5
Do you have any Texas DUI and DWI questions page 5 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 189 previously answered Texas DUI and DWI questions.

Recent Legal Answers

How can I have my DUI drop to a reckless opp.?

Answered 12 years and 10 months ago by Michael J. Breczinski (Unclaimed Profile)   |   9 Answers   |  Legal Topics: DUI/DWI
Well did you ask to take a independent blood test? Talk to a lawyer. many places have programs in place for first time offenders in order to avoid a conviction, maybe something can be worked out.
Well did you ask to take a independent blood test? Talk to a lawyer. many places have programs in place for first time offenders in order to avoid a... Read More

Do I have to do jail time?

Answered 12 years and 10 months ago by Michael J. Breczinski (Unclaimed Profile)   |   6 Answers   |  Legal Topics: DUI/DWI
Well this depends on what you are charged with and all the facts. Without knowing more I can't answer this question.
Well this depends on what you are charged with and all the facts. Without knowing more I can't answer this question.

Will I be arrested for being late in getting my community service assignment?

Answered 12 years and 10 months ago by Hudson Thomas Bair (Unclaimed Profile)   |   7 Answers   |  Legal Topics: DUI/DWI
It depends on the policies regarding this program, these are set by the county department of corrections. I have never had a client arrested on the spot for failing to enroll in the community service in a timely fashion. You should consult your lawyer regarding the policies in your county.... Read More
It depends on the policies regarding this program, these are set by the county department of corrections. I have never had a client arrested on the... Read More

Will I be arrested for being late in getting my community service assignment?

Answered 12 years and 10 months ago by Michael J. Breczinski (Unclaimed Profile)   |   7 Answers   |  Legal Topics: DUI/DWI
No maybe they will extend the time to get it done if you have done part already.
No maybe they will extend the time to get it done if you have done part already.

How bad is it going to get on a First DWI?

Answered 12 years and 10 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
You need to hire a great DWI trial attorney.
You need to hire a great DWI trial attorney.

What is the statue of limitations when charged with a dwi felony?

Answered 12 years and 11 months ago by attorney Mr. Mark R. Thiessen   |   2 Answers   |  Legal Topics: DUI/DWI
2 years. But they can drag it out however long once you have been arrested. Hire a DWI trial lawyer in your area to investigate quietly.
2 years. But they can drag it out however long once you have been arrested. Hire a DWI trial lawyer in your area to investigate quietly.

What is the statute of limitations on felony DWI?

Answered 12 years and 11 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
2 years to get arrested. Now that they charged you they have a reasonable amount of time to proceed. So just let the sleeping dog lie and kick it only after 2 years have gone by since the arrest.
2 years to get arrested. Now that they charged you they have a reasonable amount of time to proceed. So just let the sleeping dog lie and kick it... Read More

Can I be charge with DWI if I had prescriptions?

Answered 12 years and 11 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
Hire a DWI trial lawyer ASAP. Check out www.dwimark.com for lots of info.
Hire a DWI trial lawyer ASAP. Check out www.dwimark.com for lots of info.

Can I still be charged with a DUI even if I was not in the car?

Answered 12 years and 11 months ago by Michael J. Breczinski (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
Can they prove you were driving and intoxicated?
Can they prove you were driving and intoxicated?

I was arrested for DUI, the prosecutor through out the case before it went to court. How do I get the arrest off of my record?

Answered 12 years and 11 months ago by Anthony S. Simpson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You should hire an attorney and seek an expunction. 
You should hire an attorney and seek an expunction. 

What is the punishment for parole violation?

Answered 12 years and 11 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
Look at the max on what he signed up for on the original probation that he was on parole. Could be liable for the max.
Look at the max on what he signed up for on the original probation that he was on parole. Could be liable for the max.

Will a Class A DWI affect me getting a job later?

Answered 12 years and 11 months ago by attorney Mr. Mark R. Thiessen   |   2 Answers   |  Legal Topics: DUI/DWI
Absolutely. You need to get out of it. It will affect your license and prevent you from any medical jobs, teaching jobs, and lots of careers. Take that case very seriously.
Absolutely. You need to get out of it. It will affect your license and prevent you from any medical jobs, teaching jobs, and lots of careers. Take... Read More

What happens when I violated my parole?

Answered 12 years and 11 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
Hopefully she buys your excuse, but if they try and revoke your parole, you need to hire a parole attorney and fight going back to prison.
Hopefully she buys your excuse, but if they try and revoke your parole, you need to hire a parole attorney and fight going back to prison.

Do I have to prove detailed arrest information to an employer?

Answered 12 years and 11 months ago by Hudson Thomas Bair (Unclaimed Profile)   |   7 Answers   |  Legal Topics: DUI/DWI
As a DUI attorney I can't answer this specifically, I notice this was also posted on an employment law forum, they will have the better legal answer. The nature of your job, job requirements and whether you have a contract will determine whether or not you have to provide the requested information. If you are an "at-will" employee I think you don't have to provide the information, however your employer may choose to terminate you too.... Read More
As a DUI attorney I can't answer this specifically, I notice this was also posted on an employment law forum, they will have the better legal answer.... Read More

Will my DUI in CA reflect my background check in TX?

Answered 12 years and 11 months ago by Hudson Thomas Bair (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
Maybe, simply put, it depends on who does the search and where they look. If you have a TX drivers license there is some chance that it doesn't appear on your TX driver record (it definitely does in CA), informal probation isn't something that is generally available. If your arrest was publicized (some places in CA print the names, and occasionally the photos, of people arrested for DUI) you may be available in a simple Google search, obviously this is in the public record where you lived in CA, if they hire someone to go there it may be found.... Read More
Maybe, simply put, it depends on who does the search and where they look. If you have a TX drivers license there is some chance that it doesn't... Read More

Can a person be guilty of drunk driving if he only had one drink?

Answered 12 years and 11 months ago by attorney Mr. Mark R. Thiessen   |   2 Answers   |  Legal Topics: DUI/DWI
Yes a person can be intoxicated after one drink if they do not have a tolerance at all.
Yes a person can be intoxicated after one drink if they do not have a tolerance at all.
It could. But you need a great DWI lawyer.
It could. But you need a great DWI lawyer.

Can I get off probation early for a second DWI?

Answered 13 years ago by attorney Mr. Mark R. Thiessen   |   2 Answers   |  Legal Topics: DUI/DWI
No. there is no early termination for DWI probation.
No. there is no early termination for DWI probation.

Is it legal for a sheriff to take my license because of speeding?

Answered 13 years ago by Mr. Robert W. Eutsler (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
He must offer you opportunity to sign ticket promising to appear at later date. In Texas, only 2 violations prohibit an arrest. Speeding and open container.
He must offer you opportunity to sign ticket promising to appear at later date. In Texas, only 2 violations prohibit an arrest. Speeding and open... Read More
Sometimes DPS has a program for indigent people. All you can do is call them. But your license is only valid if you are all caught up with your fees.
Sometimes DPS has a program for indigent people. All you can do is call them. But your license is only valid if you are all caught up with your... Read More

What should I expect from my DWI case if I have a clear record?

Answered 13 years ago by attorney Mr. Mark R. Thiessen   |   2 Answers   |  Legal Topics: DUI/DWI
Hopefully a good DWI attorney can get it dismissed. Going to really depend on the quality of your attorney.
Hopefully a good DWI attorney can get it dismissed. Going to really depend on the quality of your attorney.

Is it possible for a first offense under 21 DUI to be allowed to walk away and keep the license?

Answered 13 years and a month ago by Mr. Robert W. Eutsler (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
Yes
Yes

What happens on your third DWI in Texas?

Answered 13 years and a month ago by attorney Mr. Mark R. Thiessen   |   2 Answers   |  Legal Topics: DUI/DWI
Probation depends on your lawyer, the facts, the district attorney and the Judge. Better hire the best DWI attorney you can afford. 3rd DWI is a felony punishable up to $10K fine and 2-10 years in prison.
Probation depends on your lawyer, the facts, the district attorney and the Judge. Better hire the best DWI attorney you can afford. 3rd DWI is a... Read More

What are the penalties for felony evading in Texas?

Answered 13 years and a month ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
In a car it's a felony. On foot it's a misdemeanor. Big difference! And depends on what the substance is for the range of punishment. Varies from misdemeanor to felony.
In a car it's a felony. On foot it's a misdemeanor. Big difference! And depends on what the substance is for the range of punishment. Varies from... Read More

Is a plea without jail time possible for a second offense DWI?

Answered 13 years and a month ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
Depends on the facts of your case, the county, the DA, the Judge and your lawyer. If at all possible, only a great attorney will get it for you. Hire the best you can afford.
Depends on the facts of your case, the county, the DA, the Judge and your lawyer. If at all possible, only a great attorney will get it for you. ... Read More