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Early Residents, consider several factors when selecting a lawyer ... Learn More
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Woodley & Dudley

  • 306 N. Austin, Comanche, TX 76442

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

default-avatar
Answered by attorney Michael J. Clinton (Unclaimed Profile)
DUI/DWI lawyer at Clinton Law Office
That would depend on how or why the DUI was dismissed. If a Deferred Prosecution then the DUI can indeed be used against you later if you get another DUI within 7 years.
That would depend on how or why the DUI was dismissed. If a Deferred Prosecution then the DUI can indeed be used against you later if you get another DUI within 7 years.
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What are the penalties for felony evading in Texas?

Mark R. Thiessen
Answered by attorney Mark R. Thiessen
DUI/DWI lawyer at Thiessen Law Firm
In a car it's a felony. On foot it's a misdemeanor. Big difference! And depends on what the substance is for the range of punishment. Varies from misdemeanor to felony.
In a car it's a felony. On foot it's a misdemeanor. Big difference! And depends on what the substance is for the range of punishment. Varies from misdemeanor to felony.
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