Legal Question in Criminal Law in Texas

Drinking under the influence

My fiance (who lives in Texas) got a DWI there. What is the typcial punishment for that offense? He is planning to move to New York to be with me and for a new job. Can he still move or will the probation require him to live in Texas? Is there any way to get out of probation ie. a higher fine etc..? My job requires me to live in NY. If we are married what are the chances the court will force us to live apart while he completes probation?


Asked on 5/03/01, 1:11 pm

2 Answers from Attorneys

David Sergi Sergi and Associates PLLC

Re: Drinking under the influence

The answers to your questions depend on where he got his DWI. If it was his first I would assume that the typical plea bargain offer is 1 to 2 years probation with a fine and court costs as well as 24 to 50 hours of community service.

He may be able to transfer the probation to New Yoprk or he may be able to report by mail if he does his community service.

If the case occured in Central Texas ie Austin or San Antonio, I would be glad to help.

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Answered on 6/18/01, 6:24 pm

Re: Drinking under the influence

A texas attorney should be hired DWI is

strictly a state matter, and local counsel

knows the "ins and outs" which are not a

matter of public record

In New York, there would be many ways to

avoid probation, or transfer probation so

that there would be no forced separation, but

this is strictly a local question and

there are no guarantees as to what Texas

will do.

New York will accept an out-of-state DWI

Probation

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Answered on 6/18/01, 6:54 pm


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