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Zavalla Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Zavalla 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).
  • 412 S. First Street, Lufkin, TX 75902

  • 406 North First Street, Lufkin, TX 75902-1443

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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.

Can an blood test show more alcohol than a breathalyzer test?

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Answered by attorney Francis John Cowhig (Unclaimed Profile)
DUI/DWI lawyer at Francis John Cowhig
It's possible based upon many factors in the calibration of the breathalyzer and the process used by the lab to analyze your blood. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
It's possible based upon many factors in the calibration of the breathalyzer and the process used by the lab to analyze your blood. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
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Is there a statute of limitations on probation violation for DUI?

Answered by attorney Tristan Nicolas Legrande
DUI/DWI lawyer at LeGrande Law
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).
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).
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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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