Three years ago I left Tx because of an abusive relationship. The abuse was recorded with the police in the area. That same year I got a DUI and assigned a probation officer for the incident. I had a year of it. Three months into it I picked up my child and left TX. The abuse ran over to my child and I had to leave considering I had no friends or family in the state. The probation officer knew of the abuse as well and had no advice except to go to a local women shelter. I went back to family in IL and made a new life for us there. Had another child, got married. I haven't been off the grid or tried to hide. I was even pulled over in LA for no lights on my rear plates as we left TX. The officer took one look at my black eye and told me I was doing the right thing. I'd like to clear this up but am afraid that even for such a minor offence that I'll be put in jail or taken back to TX for this. Frankly, I'm scared considering my husband passed last year and I'm a single parent. I've never hurt anyone or had any traffic offenses since then. Would they be looking for me? What would they do?
1 Answer from Attorneys
If you were a first offender DWI with no enhancements, you are looking at a maximum of 6 months in jail with credit for whatever time you already did in jail.
They probably will not mess with you as long as you are in another state because it is a misdemeanor and they generally do not extradite on misdemeanor offenses. However, you are always subject to being arrested.
You should contact a lawyer in the area in which you got the probation / DWI to determine what that lawyer, with their experience, thinks. Every county, every prosecutor, and every judge is different. The best thing that could happen would be to terminate your probation unsuccessfully. Then, the case would be over. Second, they could revoke your probation and give you time served. HOwever, your driving privileges would be suspended for a minumum of 6 months. The last thing is that they could revoke you and give you jail time (and your license would be suspended.) They could also extend your probation and leave you on it for a while but this is highly unlikely.
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