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

Park Law Firm

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  • Serving Onalaska, TX and Polk County, Texas

  • Law Office with 2 lawyers1 award

  • Mike Park is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Mike is also Board Certified in Civil Trial Law. Mr. Park was named a Texas... Read More

  • DUI/DWI LawyersAutomobile Accidents, 18 Wheeler Truck Collisions and 11 more

  • Free Consultation

Mance Park
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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.

How long does the state of texas have to conduct Blood Analysis in a felony Dui case? Can synthetic marijuana be tested for, specifically xlr-11?

Richard Keith Oliver
Answered by attorney Richard Keith Oliver (Unclaimed Profile)
DUI/DWI lawyer at The Law Office of Rick Oliver
A jury can convict you if the State can prove you were intoxicated by "reason of the introduction of alcohol or drugs or any combination thereof." So, the short answer is yes, they can get you for the synthetic. There are issues with synthetic in terms of associating it with the illegal drugs enumerated in the H&S Code, though. Beyond the classification issue, there might be an issue with respect to the toxicological effects smoking synthetic would have on you 4 hours after smoking, if they even have evidence to prove that. The DRE exam may be a red herring; or it may be reduced to that. The DRE protocol is supposed to allow the cops to determine which "drug class" your alleged intoxication may stem from. I don't believe synthetic is among the drugs that are included in the DRE protocol. Synthetic isn't MJ; so I wouldn't allow them to testify that the signs and symptoms observed with respect to an MJ investigation are the same as those that should be observed when a person has smoked an entirely different-non-natural, substance. So, there are a lot of issues that can be explored in your defense. If it's your 3rd, you probably already know you're looking at 2-10 years in prison. And, it sounds like this one could be beatable. Hire a good lawyer well-versed in DWI.
A jury can convict you if the State can prove you were intoxicated by "reason of the introduction of alcohol or drugs or any combination thereof." So, the short answer is yes, they can get you for the synthetic. There are issues with synthetic in terms of associating it with the illegal drugs enumerated in the H&S Code, though. Beyond the classification issue, there might be an issue with respect to the toxicological effects smoking synthetic would have on you 4 hours after smoking, if they even have evidence to prove that. The DRE exam may be a red herring; or it may be reduced to that. The DRE protocol is supposed to allow the cops to determine which "drug class" your alleged intoxication may stem from. I don't believe synthetic is among the drugs that are included in the DRE protocol. Synthetic isn't MJ; so I wouldn't allow them to testify that the signs and symptoms observed with respect to an MJ investigation are the same as those that should be observed when a person has smoked an entirely different-non-natural, substance. So, there are a lot of issues that can be explored in your defense. If it's your 3rd, you probably already know you're looking at 2-10 years in prison. And, it sounds like this one could be beatable. Hire a good lawyer well-versed in DWI.
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Will an out of state probation officer find out about a drunk in public?

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Answered by attorney Stephen Lewis Freeborn (Unclaimed Profile)
DUI/DWI lawyer at Freeborn Law Offices P.S.
In this day and age, with computer access being what it is, there is a very good chance that your probation officer is going to find out. The fact that you got a "drunk in public" while being on probation for a DUI leads me to believe that you have not yet learned anything, and perhaps you have a substance abuse issue.
In this day and age, with computer access being what it is, there is a very good chance that your probation officer is going to find out. The fact that you got a "drunk in public" while being on probation for a DUI leads me to believe that you have not yet learned anything, and perhaps you have a substance abuse issue.
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I want to know how to fight my case, I have been charged with a Class B misdemaeanor (DWI) and a Class A misdemeanor (possession of a pistol)

Richard Keith Oliver
Answered by attorney Richard Keith Oliver (Unclaimed Profile)
DUI/DWI lawyer at The Law Office of Rick Oliver
The gun case is largely dependent upon what happens with the DWI. If you have a CHL, then the only way to beat the gun case is to beat the DWI.  The strength of the DWI depends on (a) how you looked on the cops dashcam video (if there was one); (b) the station video (if there was one); (c) whether there was a breath test or a blood test; and (d) what you told the officer during the course of his/her investigation and arrest. If you look normal and sound normal on the videos, and there is no breath or blood tests, you should not plea guilty to it, in my opinion.  Your options with respect to the DWI is to plead guilty to it, or set it for trial. You can't get deferred probation in Texas on an alcohol case, so that is why the options are more limited than for some other type of cases. Often, the only way to avoid a conviction for a DWI charge is to take it to trial, and to win.  
The gun case is largely dependent upon what happens with the DWI. If you have a CHL, then the only way to beat the gun case is to beat the DWI.  The strength of the DWI depends on (a) how you looked on the cops dashcam video (if there was one); (b) the station video (if there was one); (c) whether there was a breath test or a blood test; and (d) what you told the officer during the course of his/her investigation and arrest. If you look normal and sound normal on the videos, and there is no breath or blood tests, you should not plea guilty to it, in my opinion.  Your options with respect to the DWI is to plead guilty to it, or set it for trial. You can't get deferred probation in Texas on an alcohol case, so that is why the options are more limited than for some other type of cases. Often, the only way to avoid a conviction for a DWI charge is to take it to trial, and to win.  
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