Legal Question in DUI Law in Texas

DUI 1st offense with marijuana intoxication
was detained in california for alcohol/marijuana DUI. was never arraigned. the let me go after 48 hrs.

there is also the issue of a Felony charge ''bribing an executive officer''

I am a Texas resident.

would i be fighting this in California DMV or Texas DMV?

I've called both texas and cali dmv's and neither has a record yet. it is now past the 10 day period for california and 15 day period for texas. how am i supposed to take care of this if they don't have any records yet?

What penalties will I be facing?

Is it possible to get a restricted liscense? I am a care taker for my uncle and need to drive him to the medical center every so often for check ups and tests.

Thanks in advance for your help!

Asked on 4/19/09, 5:00 pm

5 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Re: DUI 1st offense with marijuana intoxication

Texas or California? You'll be in court in whichever state you were arrested, and deal with that state's DMV. In CA you only had 10 days from release from jail to file an appeal with CA DMV of the automatic one year license suspension they impose on DUI arrest. Now you'll have to have your attorney try to request a special hearing for that appeal, and try to get the suspension reduced if possible, and/or a restricted license allowed. Then, if and when criminal charges are filed by the DA, you'll be notified of your court date, which you'll have to go to, or hire an attorney to go for you. If this is in SoCal courts, and if you are serious about getting legal help with these, feel free to contact me.

Answered on 4/20/09, 2:35 pm

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Terry A. Nelson Nelson & Lawless

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0 attorneys agreed

Re: DUI 1st offense with marijuana intoxication

Texas or California? You'll be in court in whichever state you were arrested, and deal with that state's DMV. In CA you only had 10 days from release from jail to file an appeal with CA DMV of the automatic one year license suspension they impose upon DUI arrest. Now you'll have to have your attorney try to request a special hearing for that appeal, and try to get the suspension reduced if possible, and/or a restricted license allowed. Then, if and when criminal charges are filed by the DA, you'll be notified of your court date, which you'll have to go to, with or without an attorney. If this is in SoCal courts, and if you are serious about getting legal help with these, feel free to contact me.

Answered on 4/20/09, 2:36 pm

Mark as helpful

Terry A. Nelson Nelson & Lawless

0 users found helpful

0 attorneys agreed

Re: DUI 1st offense with marijuana intoxication

Texas or California? You'll be in court in whichever state you were arrested, and deal with that state's DMV. In CA you only had 10 days from release from jail to file an appeal with CA DMV of the automatic one year license suspension they impose upon DUI arrest. Now you'll have to have your attorney try to request a special hearing for that appeal, and try to get the suspension reduced if possible, and/or a restricted license allowed. Then, if and when criminal charges are filed by the DA, you'll be notified of your court date, which you'll have to go to, with or without an attorney. If this is in SoCal courts, and if you are serious about getting legal help with these, feel free to contact me. With computer databases, a conviction or license suspension in CA would likely result in your home state applying it there as well.

Answered on 4/20/09, 2:38 pm

Mark as helpful

Terry A. Nelson Nelson & Lawless

0 users found helpful

0 attorneys agreed

Re: DUI 1st offense with marijuana intoxication

Texas or California? You'll be in court in whichever state you were arrested, and deal with that state's DMV. In CA you only had 10 days from release from jail to file an appeal with CA DMV of the automatic one year license suspension they impose upon DUI arrest. Now you'll have to have your attorney try to request a special hearing for that appeal, and try to get the suspension reduced if possible, and/or a restricted license allowed. Then, if and when criminal charges are filed by the DA, you'll be notified of your court date, which you'll have to go to, with or without an attorney. If this is in SoCal courts, and if you are serious about getting legal help with these, feel free to contact me. With computer criminal databases, a conviction or license suspension in CA would likely result in your home state honoring it there as well.

Answered on 4/20/09, 2:38 pm

Mark as helpful