Legal Question in Criminal Law in Texas
Tx. Law: Probation w/another DWI
I have a friend that was stopped for a DWI, while on probation for a previous DWI. In addition, she evaded arrest while in the vehicle. Typically what are the normal consequences for these offenses?
2 Answers from Attorneys
Re: Tx. Law: Probation w/another DWI
I agree with everything Mr. Armstrong wrote with the exception of the classification of the evading arrest crime.
If you evade arrest from a police officer on foot it is a class A misdemeanor.
If you evade arrest in a vehicle it is a State Jail Felony.
State Jail Felony holds a punishment range in a state jail facility anywhere from 180 days to 2 years and up to a $10,000.00 fine.
Take these matters very seriously and hire an attorney that practices DWI Law and is very knowledgeable in probation revocations and Felony matters.
Sincerely,
Erick Platten
PLATTEN LAW OFFICE
STATE WIDE REPRESENTATION
Re: Tx. Law: Probation w/another DWI
She is facing a felony for the evading, which is a third degree felony, plus a Motion to Revoke Probation for the original DWI, and a class A misdemeanor for the new DWI, which carries a punishment range of up to one year in the county jail, with a fine up to $4,000.00. That doesn't mean that is the punishment that will occur, but she needs to hire an attorney and not wait for he court date. She also needs to request an ALR hearing on this new DWI and she only has 15 days from the date of her new arrest to request the hearing or she can lose her license for two years, with a 180 day waiting period to get an Occupational License. She needs to hire an attorney right away, particularly one that handles DWI cases or she is going to be in some trouble. I hope this answers your questions.
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