DUI and DWI Legal Questions

There is no statute of limitations issue. If he leaves the state, his probation will be frozen once a motion to revoke probation is filed. The warrant will then exist until the end of time, and if he comes back to TX he will be arrested on the warrant, and have to resolve the motion to revoke his probation (which would result in a jail sentence).... Read More

When representing a client on a drunk driving charge, we thoroughly review all aspects of the initial stop, the interaction between our client and law enforcement, and the procedures used in administering the FST, PBT and Datamaster (or blood test). We do this in order to determine what defenses are available and we seek to obtain the best possible outcome for our clients. While it is possible to have the charges reduced, it is difficult to predict how significant of a reduction moght be available until we have had an opportunity to speak with our client and review the police report. I would be happy to discuss your situation with you at no cost.... Read More

You can call the court and see if they will permit you to re-schedule it (unlikely, but you can try). Having work is not an excuse the Judge will usually accept to miss a court appearance. If you have hired an attorney, you can check with your attorney of record to see if your specific court will permit you to waive your appearance. If it is the first appearance since being charged (the arraignment) it cannot typically be waived.... Read More

You are taking the next right step - finding an attorney. I suggest reading client reviews, setting up some consultations with a few attorneys, and then hiring who you trust to defend you in your case. Make sure you come prepared for the consults: know your budget, expectations, and your case info before the appointments. Good luck.... Read More

My law partner Bob Miller is willing to discuss this with you - call him at 303-449-2830 x2. So if you woudl like to call him he may be able to help.  Certainly it would be best if the car that ran into your house was insured fully as that woudl make resolving the case and getting paid easier. ... Read More

Good Morning:   Massachusetts is a lifetime lookback state. That means the RMV will enter and suspension for OUI/DUI offenses that occured out of state whenever they are notified. We should be able to help you however get any suspension backdated to the conviction date and not commence on the date the RMV is notified. Please feel free to call the office at 978-612-6447... Read More

Was there a blood test taken by the officer or just by the hospital for your treatment? I will presume the officer had blood drawn for his purposes as well.  If the accident did not result in any injuries to anyone else (other than you), then I do expect the charge of DUI will be added to your charges if it has not been already (there is just a small check box on most tickets that says a person is charged with DUI and people can miss that when looking at the ticket). If someone else was injured in the accident then there is a potential that much more serious (potentially felony) charges could be filed. You should definitely at least consult with a lawyer even if you decide not to ultimately hire one. A one hour paid consultation can provide you a lot of very useful information. ... Read More

Three ways they can prove a dwi. Proof beyond a reasonable doubt that a person: (1) lost the normal use of their mental faculties; (2) lost the normal use of their physical faculties; or, (3) had a bac over .08. Without a blood or breath test, it is typically more difficult for the State to prove their case.... Read More

If a trial lawyer is doing his job right, 2/3 of the work is done before the jury is sworn. So if you did jury selection and the case was dismissed after that, then the lawyer deserves to be paid for the trial. In my representation agreements, I make it clear that the trial fee is refundable until a jury is sworn. After that, it is earned. ... Read More

The meth concentration is not a dramatically huge amount since '"Peak concentrations for  methamphetamine range from 615 to 7361 ng/m".  That said, it is possible to have your blood retested by an independent lab.  Given what you said here, sounds like the case just needs to be set for a jury trial and you need to defend yourself at the trial. Of course, you should have a lawyer to do that - so seek out an attorney to help you.... Read More

You're in luck, you don't need to find out what you are looking at without a lawyer, because you are entitled to one if you cannot afford it. Umlawful carry of a weapon is a class A misdemeanor, up to 1yr in jail, up to a $4k fine. Assault family violence is a class A misdemeanor as well, unless there is an allegation of choking, then it is a 3rd degree felony, 2 to 10 yrs in prison, up to a $10k fine. If you decide to proceed without an attorney and represent yourself pro se? You are looking at the same potential punishments as if you had an attorney, but the outcome of your case may end up much worse. No one is wise to represent themselves in a criminal case. If you cannot afford a lawyer, a court appointed lawyer is your best bet.    Good luck.... Read More

Your license can be suspended 2 ways from a DWI arrest: 1) Administrative License Revocation (ALR)- If you are arrested for DWI and refuse a breath or blood test, your license can be suspended 6 months; if you voluntarily provide a sample, it can be suspended for 90 days. You can request a hearing on the license revocation within 15 days of arrest or it is waived. If no hearing is requested, the suspension starts 45 days after arrest. If you request a hearing, your license may not get suspended - you would need a lawyer for this.   2) DWI conviction- 1st offense DWI conviction your license can be suspended from 90 days to 1-year.   If your license is suspended, you can obtain a license to drive during the suspension (occupational drivers license).... Read More