Kenedy, TX DWI Law Firms & Lawyers

Yes. None of those (i.e. breath/blood/FST) is a prerequisite to a conviction for DWI. All the State must convince the jury of is that you had lost the normal use of your mental or physical faculties, by reason of the introduction of alcohol, drugs, or some combination. Usually a case like this would be based on the driving facts (e.g. a car wreck or other bad driving facts observed by a witness) or observations made by the police officer. A good defense lawyer will have an argument for every little b/s thing they try to come up with. Ultimately, it's up to the jury, though.

The answer depends on the disposition of the case.  If the DWI resulted in a conviction, the record cannot be sealed or expunged under Texas law and will show up during a background check.  If the DWI was dismissed, you should contact a lawyer to have the record expunged.  Good luck.  M. Irene Wilson

It will be up to the Judge, ultimately. If you violate your probation by - for example, being convicted of commiting another crime (public intoxication in your case), the state can file a motion to revoke your probation. The felony probation would mean you could be revoked and sentenced anywhere within the punishment range for that offense. So if the offense were, for example, a 3rd degree felony, you could be revoked and sentenced from 2 to 10 years in prison (even if your probation is shorter). These are all what COULD happen. You also could have your probation reinstated or extended with additional conditions. Whats IS going to happen? Impossible to predict. If you want to increase your chances of staying on probation, hire an attorney to represent you on the probation revocation.  Good luck!