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AV Preeminent Peer Rated Attorneys
El Campo Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
El Campo Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • One Sugar Creek Center Boulevard, No. 1045, Sugar Land, TX 77478

  • 14140 Southwest Freeway, Suite 240, Sugar Land, TX 77478

  • 807 Houston St., Richmond, TX 77469

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  • Rosenberg, TX 77471

  • 2717 Commercial Center Blvd., Ste. E200, Katy, TX 77494

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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked DUI/DWI Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Dwi

Richard Keith Oliver
Answered by attorney Richard Keith Oliver (Unclaimed Profile)
DUI/DWI lawyer at The Law Office of Rick Oliver
You are correct with respect to the range of punishment on a 1st DWI. However, there is a possible enhancement issue. If your breath/blood test is over a .15 they can enhance you. What that means is that you would be facing the same range of punishment someone would face for a 2nd DWI, which is up to 1 year in jail, and a $4K fine. If it's not the enhancement issue, and you have no priors, they may have your name in the TCIC/NCIC check mixed up with someone else's.  In my opinion, you shouldn't be asking about the range of punishment until you know if they can even prove their case, though. I always inform my DWI clients of the range of punishment. But, I also make sure they understand the most important thing to do is to see if their evidence is sufficient to convict you. If it's not, or if you don't know, you need to hire an attorney who can/will do that for you.    
You are correct with respect to the range of punishment on a 1st DWI. However, there is a possible enhancement issue. If your breath/blood test is over a .15 they can enhance you. What that means is that you would be facing the same range of punishment someone would face for a 2nd DWI, which is up to 1 year in jail, and a $4K fine. If it's not the enhancement issue, and you have no priors, they may have your name in the TCIC/NCIC check mixed up with someone else's.  In my opinion, you shouldn't be asking about the range of punishment until you know if they can even prove their case, though. I always inform my DWI clients of the range of punishment. But, I also make sure they understand the most important thing to do is to see if their evidence is sufficient to convict you. If it's not, or if you don't know, you need to hire an attorney who can/will do that for you.    
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I have a past DUI arrest In 2010. It was never resolved and is now a warrant what are my options and what can I expect for an out come

Richard Keith Oliver
Answered by attorney Richard Keith Oliver (Unclaimed Profile)
DUI/DWI lawyer at The Law Office of Rick Oliver
You got bad advice. If there's an outstanding warrant for your arrest for a DWI, it will be there forever, until you get it taken care of. To be clear, a "DUI" in Texas is a ticket issued to people under 21 who are suspected of driving under the influence. "DWI" is the over 21 charge, and is more serious. If all you have outstanding is the DUI ticket, you should just retain a TX attorney to handle it for you. Since you're living out of State now, your attorney may be able to get the warrant lifted, get you on a docket, make an appearance on your behalf, work out a resolution to the case, and all you'd have to do is mail in a check for the fees/court costs (if it can be worked out that way). The worst thing in the world to do would be to ignore it.
You got bad advice. If there's an outstanding warrant for your arrest for a DWI, it will be there forever, until you get it taken care of. To be clear, a "DUI" in Texas is a ticket issued to people under 21 who are suspected of driving under the influence. "DWI" is the over 21 charge, and is more serious. If all you have outstanding is the DUI ticket, you should just retain a TX attorney to handle it for you. Since you're living out of State now, your attorney may be able to get the warrant lifted, get you on a docket, make an appearance on your behalf, work out a resolution to the case, and all you'd have to do is mail in a check for the fees/court costs (if it can be worked out that way). The worst thing in the world to do would be to ignore it.
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Will an out of state probation officer find out about a drunk in public?

default-avatar
Answered by attorney Andrea Rogers (Unclaimed Profile)
DUI/DWI lawyer at The Rogers Law Firm
You should hire an attorney to handle the out-of-state ticket immediately. It's possible that your probation officer won't find out about the out-of-state ticket if you get it reduced to a lesser offense. But if you just plead guilty to the out-of-state ticket, the conviction of "Drunk in Public" will be reported on your criminal record and your probation officer will see it. It's up to you, but in general it's always best to tell your probation officer about violations before they find out about it on their own.
You should hire an attorney to handle the out-of-state ticket immediately. It's possible that your probation officer won't find out about the out-of-state ticket if you get it reduced to a lesser offense. But if you just plead guilty to the out-of-state ticket, the conviction of "Drunk in Public" will be reported on your criminal record and your probation officer will see it. It's up to you, but in general it's always best to tell your probation officer about violations before they find out about it on their own.
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