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AV Preeminent Peer Rated Attorneys
Falfurrias Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Falfurrias 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).

The Law Office of Michael James Krueger

4.6
1 Review

  • 617 East Kleberg Avenue, Kingsville, TX 78364

  • Law Firm with 2 lawyers2 awards

  • Call Now for a Free Consultation.

  • DUI/DWI LawyersCivil Litigation, Criminal Law, and 33 more

  • Free Consultation

Robert Murphy Jr.
Associate
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Law Office of J. Michael Guerra

  • 1600 E. Main, Ste. 227, Alice, TX 78332

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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 got a DUI 15 year ago and was going to probation and just left, the county I have a warrant what can I do to clear this?

Mark R. Thiessen
Answered by attorney Mark R. Thiessen
DUI/DWI lawyer at Thiessen Law Firm
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.

Why is the DWI that was dismissed on record and can the court, use that against me?

John E. DeVito
Answered by attorney John E. DeVito (Unclaimed Profile)
DUI/DWI lawyer at John DeVito
This is a common misnomer. People believe that if a case is dismissed it is not on their criminal record. In Massachusetts a "court record" is created once a complaint issues. A "criminal record" or CORI is created once a defendant is arraigned on the charges. The charges may ultimately be dismissed, but the dismissal is reflected on the CORI. The importance of a dismissal is that one can honestly state that they were never convicted of the crime charged. To clear your record in Massachusetts one must seal their record. Sealing a record does not necessarily mean that someone cannot find that you were arrested. If one is arrested and fingerprinted in Massachusetts all fingerprints are sent to the FBI. That creates an arrest record which is difficult to seal. If you have concerns about your record consult an experienced criminal attorney.
This is a common misnomer. People believe that if a case is dismissed it is not on their criminal record. In Massachusetts a "court record" is created once a complaint issues. A "criminal record" or CORI is created once a defendant is arraigned on the charges. The charges may ultimately be dismissed, but the dismissal is reflected on the CORI. The importance of a dismissal is that one can honestly state that they were never convicted of the crime charged. To clear your record in Massachusetts one must seal their record. Sealing a record does not necessarily mean that someone cannot find that you were arrested. If one is arrested and fingerprinted in Massachusetts all fingerprints are sent to the FBI. That creates an arrest record which is difficult to seal. If you have concerns about your record consult an experienced criminal attorney.
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