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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 6
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DUI/DWI
Texas

Recent Legal Answers

Charged with DUI and processed but was also given a ticket that says 625 ilcs 5/11-404 what is the ticket and consequences?

Answered 13 years and a month ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   6 Answers   |  Legal Topics: DUI/DWI
I don't recognize those numbers. I conjecture that the ticket was issued in Illinois and the reference is to the laws of that state. But I am not at all certain.
I don't recognize those numbers. I conjecture that the ticket was issued in Illinois and the reference is to the laws of that state. But I am not... Read More

Charged with DUI and processed but was also given a ticket that says 625 ilcs 5/11-404 what is the ticket and consequences?

Answered 13 years and a month ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   6 Answers   |  Legal Topics: DUI/DWI
You should consult an attorney.
You should consult an attorney.

If i have DWI dismissed, how bad this will effect me applying for citizinship?

Answered 13 years and 2 months ago by Ms. M. Irene Wilson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
I can answer the criminal law part of your question - A dismissed case can be expunged off your record and once expunged you can legally deny its existence.  You should hire a criminal lawyer to have this dismissed case expunged.  You should also consult with an immigration lawyer.   Good luck.  ... Read More
I can answer the criminal law part of your question - A dismissed case can be expunged off your record and once expunged you can legally... Read More

What will happen if I didn't go to court?

Answered 13 years and 2 months ago by attorney Mr. Mark R. Thiessen   |   2 Answers   |  Legal Topics: DUI/DWI
You will have a warrant for your arrest and another Failure to Appear charge.
You will have a warrant for your arrest and another Failure to Appear charge.

Is there a limitation baring the prosecution of this charge ?

Answered 13 years and 2 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
The statute of limitations is tolled (stops running) when the charge is filed.
The statute of limitations is tolled (stops running) when the charge is filed.

If an individual was charged with resisting arrest in 2009 and then faced DWI charges in 2012, are there serious circumstances?

Answered 13 years and 2 months ago by attorney Mr. Mark R. Thiessen   |   2 Answers   |  Legal Topics: DUI/DWI
Yes at least 180 days in jail on both and $2000 fine on both.
Yes at least 180 days in jail on both and $2000 fine on both.

Will I be charged with a DUI after the fact?

Answered 13 years and 2 months ago by Gregory Casale (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
There is nothing you can do at this point but wait to see what happens. However, if you do get a charge of DUI contact an attorney and explain what you have posted here online. The police must provide you with certain rights before giving you a breath test and it certainly doesn't sound like they were given. If you get the DUI charge call me or another attorney as soon as you receive it.... Read More
There is nothing you can do at this point but wait to see what happens. However, if you do get a charge of DUI contact an attorney and explain what... Read More

s the penalty for a second dwi conviction?

Answered 13 years and 2 months ago by Ms. M. Irene Wilson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
A DWI 2nd is a Class A misdemeanor enhanced which is punished by 30 days to one year in jail and up to a $4,000 fine.  Probation is possible with a few days in jail as a condition.  Contact a DWI lawyer in your area for representation.  Good luck. 
A DWI 2nd is a Class A misdemeanor enhanced which is punished by 30 days to one year in jail and up to a $4,000 fine.  Probation is... Read More

Is 20k to much for a lawyer for 3rd DWI offense?

Answered 13 years and 2 months ago by Ms. M. Irene Wilson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Lawyer fees vary but this fee is not necessarily too high.  A DWI 3rd is a third degree felony and is punished from two to ten years in prison and up to a $10,000 fine.  If your lawyer is taking the case to trial, he or she will  prepare for expert testimony and science so there is complex work to be done.  Good luck.  M. Irene Wilson... Read More
Lawyer fees vary but this fee is not necessarily too high.  A DWI 3rd is a third degree felony and is punished from two to ten years... Read More

i have a dui in IL and license are revoked i did a hearing but was denied, now i moved to new state can i have the case moved to new state.

Answered 13 years and 2 months ago by Ms. M. Irene Wilson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
No. These matters occurred in IL.  Texas does not have jurisdiction.  Hire an IL lawyer to help you.  Good luck.  M. Irene Wilson
No. These matters occurred in IL.  Texas does not have jurisdiction.  Hire an IL lawyer to help you.  Good luck.  M. Irene... Read More

i recently had a dwi and may lose my job because it show on my mvr. is there any way to get thta off my mvr?

Answered 13 years and 2 months ago by Ms. M. Irene Wilson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
The answer depends on the disposition of the case.  If the DWI resulted in a conviction, the record cannot be sealed or expunged under Texas law and will show up during a background check.  If the DWI was dismissed, you should contact a lawyer to have the record expunged.  Good luck.  M. Irene Wilson... Read More
The answer depends on the disposition of the case.  If the DWI resulted in a conviction, the record cannot be sealed or expunged under... Read More

Would this encounter with a police officer come up on my records?

Answered 13 years and 2 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
No, you got real lucky, no one will ever have a record of that.
No, you got real lucky, no one will ever have a record of that.

Is it possible to have my classes/community service transferred to another state?

Answered 13 years and 2 months ago by Steven Jed Alpers (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
No. The program has to be licensed in California. If you are leaving for more than 3 years the dmv will excuse the program, if you come back you will have to attend. It is up to the judge whether you can do the community service outside of the state.
No. The program has to be licensed in California. If you are leaving for more than 3 years the dmv will excuse the program, if you come back you... Read More

Is it possible to have my classes/community service transferred to another state?

Answered 13 years and 2 months ago by Terry Alan Nelson (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
CA DMV generally accepts no other state's classes. You can contact them and see if you can get a special waiver and approval for classes in the other state. You'll have to do the community service here, unless you return to court and obtain a court ordered change of probation terms to allow it elsewhere. If you decide to hire counsel for that, contact me. You can move out of state unless your sentencing and probation terms specifically prohibit it.... Read More
CA DMV generally accepts no other state's classes. You can contact them and see if you can get a special waiver and approval for classes in the... Read More

What can I do if a case has been ruled time serve, but his parole officer is keeping him in jail?

Answered 13 years and 2 months ago by Michael J. Breczinski (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
Well get a lawyer to look into it there. I do not have enough facts to answer this.
Well get a lawyer to look into it there. I do not have enough facts to answer this.

Can I be charged with open container ?

Answered 13 years and 2 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
1) Do not LIE to cover for another person. 2) If you are on probation, you are not supposed to have alcohol or drugs so even if you do not get charged with an offense, your probation can be revoked.
1) Do not LIE to cover for another person. 2) If you are on probation, you are not supposed to have alcohol or drugs so even if you do not get... Read More

Driving with 5 minor children and pulled over by police and arrested for a DUI what is the consequence?

Answered 13 years and 2 months ago by Francis John Cowhig (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Besides the DUI, you can also be looking at child endangerment, child abuse, penalty enhancements for driving under the influence with minors in your car, and anything else the D.A. can think of. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.... Read More
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that... Read More

What will be the consequences for this DUI?

Answered 13 years and 2 months ago by attorney Mr. Mark R. Thiessen   |   2 Answers   |  Legal Topics: DUI/DWI
If New Mexico law is substantially similar to Texas law then they could charge him as a second. You need to hire an experienced DWI attorney that works in your area.
If New Mexico law is substantially similar to Texas law then they could charge him as a second. You need to hire an experienced DWI attorney that... Read More

What about in Becoming an Attorney in Texas?

Answered 13 years and 2 months ago by Ms. Cynthia Russell Henley (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Probably but you will likely be required to demonstrate to the committee on the Fitness to Study Law that you do not have a problem that will interfere with your ability to represent your clients.
Probably but you will likely be required to demonstrate to the committee on the Fitness to Study Law that you do not have a problem that will... Read More

Was my DUI checkpoint stop illegal?

Answered 13 years and 2 months ago by Gregory Casale (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
Alcohol checkpoints in MA are subject to very strict rules about who they can pull over and how the cars to be pulled over are selected. It sounds like they did not follow their procedure since the stops are supposed to be random, based upon a system of numbers or some other non-discriminatory manner. Since they singled you out, they probably violated the requirement and you may be able to have to stop thrown out. You will need a lawyer and you really shouldn't waste time in hiring one. I practice mainly criminal defense and DUIs are a large part of my case load.... Read More
Alcohol checkpoints in MA are subject to very strict rules about who they can pull over and how the cars to be pulled over are selected. It sounds... Read More

Why did my driver’s license mailed back to me after I was jailed for DUI while standing on the side of the road?

Answered 13 years and 3 months ago by Michael J. Breczinski (Unclaimed Profile)   |   5 Answers   |  Legal Topics: DUI/DWI
I have no idea. Did they set a court date for the DUI?? You should get an attorney. If they did not ticket you then maybe they realized that hey have no case.
I have no idea. Did they set a court date for the DUI?? You should get an attorney. If they did not ticket you then maybe they realized that hey have... Read More

Can I get a license in another state if suspended indefinitely in Indiana?

Answered 13 years and 3 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
Technically, no. Texas should abide by other State's decisions.
Technically, no. Texas should abide by other State's decisions.

Are the penalties worse for DUI if you are under 21?

Answered 13 years and 3 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
No a DUI is like a traffic ticket. But you can still be charged with DWI if you are intoxicated.
No a DUI is like a traffic ticket. But you can still be charged with DWI if you are intoxicated.

If I am on probation for DUI, can I still carry around my legally owned firearm?

Answered 13 years and 3 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
Depends on the terms of your probation. You have to read those carefully. Usually they do not allow you to.
Depends on the terms of your probation. You have to read those carefully. Usually they do not allow you to.

Do I have a chance at beating this DWI?

Answered 13 years and 3 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
No lawyer can tell you your chances just based on your story. You need the video, the ALR hearing and any other evidence they have. But you absolutely need a DWI attorney.
No lawyer can tell you your chances just based on your story. You need the video, the ALR hearing and any other evidence they have. But you... Read More
DUI/DWI
Texas

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