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 7
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Recent Legal Answers

If I was acquitted of a DWI charge, can I be reimbursed for attorney fees?

Answered 13 years and 4 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
No, unfortunately not. It's very hard to sue the government.
No, unfortunately not. It's very hard to sue the government.

Can I move to a different city on probation?

Answered 13 years and 4 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
Only if the Judge will let you.
Only if the Judge will let you.

Can I get a license in Texas even if I did not complete recommended class in Illinois and my original license was in Virginia?

Answered 13 years and 5 months ago by Mr. Robert W. Eutsler (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Have you tried going to a Texas Dept of Public Safety Driver's License office to see if they will let you test for eligibility
Have you tried going to a Texas Dept of Public Safety Driver's License office to see if they will let you test for eligibility
You need to pay the bail through a bail bondsman, get a new court date, and then hire a great DWI lawyer.
You need to pay the bail through a bail bondsman, get a new court date, and then hire a great DWI lawyer.

What kind of charges for a 2nd or 3rd DUI conviction?

Answered 13 years and 5 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
You need an experienced DWI attorney. The first when he was 17 can be used as a prior if after 1985. And you'll have to look at Pennsylvania law. But they absolutely could be valid prior enhancements. You need a great DWI attorney.
You need an experienced DWI attorney. The first when he was 17 can be used as a prior if after 1985. And you'll have to look at Pennsylvania law. ... Read More

Can I drive with my Texas driverโ€™s license until my court date?

Answered 13 years and 5 months ago by Steven Joseph Pisani (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
It does not matter what state your license is from for a DUI revocation. However, a couple of things must happen in order for you to lose your license. If you took a blood test, your driving privilege will probably be valid until the results come back. They will send a notice to either the last address you gave the police or the address on your license. The notice is to request a hearing to preserve your driving privilege. You will have 7 days from the date of the notice to request the hearing. If you do not request a hearing within 7 days of receiving the notice, you will lose your driving privilege automatically. If you request a hearing, your driving privilege will remain in effect until your hearing date or you hear otherwise from the DMV.... Read More
It does not matter what state your license is from for a DUI revocation. However, a couple of things must happen in order for you to lose your... Read More
If DMV gets it and you have 2 DWI convictions within 5 years then it's a 2 year license suspension with one year hard where you can't get a license from anyone. Can't advise you to break the law, so if you do drive your grandpa, because you have to, hopefully you get a sympathetic police officer.... Read More
If DMV gets it and you have 2 DWI convictions within 5 years then it's a 2 year license suspension with one year hard where you can't get a license... Read More

Am I going to go to prison for a first time DWI charge with children under 15?

Answered 13 years and 5 months ago by Mr. Willie Stephen Graves (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Unless there are extreme aggravating circumstances (such as someone getting hurt or your fleeing the scene of an accident), you are highly unlikely to get actual jail time for a first-time DWI. Get a lawyer (a court-appointed one if you're poor enough, though it's always better to hire a lawyer if you can) and follow his or her advice.... Read More
Unless there are extreme aggravating circumstances (such as someone getting hurt or your fleeing the scene of an accident), you are highly unlikely... Read More
You could be looking at a felony, 2-10 years in prison. You absolutely need to hire a DWI attorney.
You could be looking at a felony, 2-10 years in prison. You absolutely need to hire a DWI attorney.

What will happen if I have violations on my interlock?

Answered 13 years and 5 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
No warrant. The court will just call your attorney or maybe the court will just arrest you the next time in court. You should tell your attorney immediately. And if no attorney, then you really are at that point where you need one.
No warrant. The court will just call your attorney or maybe the court will just arrest you the next time in court. You should tell your attorney... Read More

Will an expunged misdemeanor offense show up on a federal background check?

Answered 13 years and 5 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
Depends who is searching. It seems Big Brother is watching and the FBI knows everything even though they may be ordered to erase it. The longer you wait to get a case expunged the longer it is out there for agencies to see.
Depends who is searching. It seems Big Brother is watching and the FBI knows everything even though they may be ordered to erase it. The longer you... Read More
Hopefully nothing. But sounds like you need to hire a DWI attorney in the county where you were arrested and investigate if they even have anything on you.
Hopefully nothing. But sounds like you need to hire a DWI attorney in the county where you were arrested and investigate if they even have anything... Read More
Depends on the county. Many counties will not reduce as a matter of policy.
Depends on the county. Many counties will not reduce as a matter of policy.

Can I get a DUI from getting in to a accident?

Answered 13 years and 6 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
They can try and charge you with a DWI, but sounds more like a Failure to Stop and Give Information.
They can try and charge you with a DWI, but sounds more like a Failure to Stop and Give Information.

Is public intoxication in Texas on your record?

Answered 13 years and 6 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
Public record. You better start consulting an attorney for a motion to revoke probation.
Public record. You better start consulting an attorney for a motion to revoke probation.

How do we go about solving this DUI/DWI case?

Answered 13 years and 6 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
New Mexico? I am in Texas. Have no idea about New Mexico law or how you got on a Texas list. I would google DWI trial lawyer in your area and go meet with them. Research the hell out of them and go with who makes you most comfortable and who you can afford.
New Mexico? I am in Texas. Have no idea about New Mexico law or how you got on a Texas list. I would google DWI trial lawyer in your area and go... Read More
If the blood comes back over a 0.08 you can definitely be arrested.
If the blood comes back over a 0.08 you can definitely be arrested.

What charges am I facing for violating a DWI probation?

Answered 13 years and 6 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
You could get the max for the DWI you are going to need a good lawyer to keep you out of jail and on probation.
You could get the max for the DWI you are going to need a good lawyer to keep you out of jail and on probation.
It's a matter of time until you receive notice. But yes, it is automatically suspended for 5 years.
It's a matter of time until you receive notice. But yes, it is automatically suspended for 5 years.
Doubt for alcohol, but maybe drugs. Just make sure the next one is clean. Yes, you could go to jail if positive.
Doubt for alcohol, but maybe drugs. Just make sure the next one is clean. Yes, you could go to jail if positive.
It's a gray area. Technically, Texas should uphold the suspension, but you never know if they are going to look. They are government employees after all.
It's a gray area. Technically, Texas should uphold the suspension, but you never know if they are going to look. They are government employees... Read More

What is the statute of limitations on a DUI arrest in Texas?

Answered 13 years and 6 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
That would be 2 years.
That would be 2 years.

What is the statue of limitations for a DUI in Austin, TX?

Answered 13 years and 6 months ago by attorney Mr. Mark R. Thiessen   |   1 Answer   |  Legal Topics: DUI/DWI
2 years for them to file a case against you. If it has been filed and you just took off, then it will last forever.
2 years for them to file a case against you. If it has been filed and you just took off, then it will last forever.

How can I be charged with a DWI if I was never even in the car?

Answered 13 years and 7 months ago by attorney Mr. Mark R. Thiessen   |   2 Answers   |  Legal Topics: DUI/DWI
Obviously you have a huge defense. You need to hire the best DWI attorney you can afford.
Obviously you have a huge defense. You need to hire the best DWI attorney you can afford.

I am on a one year probation for a Dwi in Harris county Texas. I am four months into my probation. After finishing my one year how do I get it expunge

Answered 13 years and 7 months ago by Anthony S. Simpson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
The short answer is that you cannot get it expunged.  Expunction is a limited remedy found in the Texas Code of Criminal Procedure 55.01.  You were placed on probation and you entered a guilty plea. Unfortunately, your conviction will not fall into one of the limited categories for which expunction is allowed.  ... Read More
The short answer is that you cannot get it expunged.  Expunction is a limited remedy found in the Texas Code of Criminal Procedure 55.01.... Read More