DWI ?

A

ADMIRALSTOCKDALE

Guest
I have a friend who recently got arrested for DWI. About 12 years ago he'd gotten one and was convicted and about 10 years ago he was pulled over and arrested but the charges were dropped.
About a month and a half ago he was pulled over yet again, arrested and charged with DWI. The prosecutors are treating it as a felony, 3rd offense. Shouldn't the prior 2 be off the record by now, and certainly the 2nd one where the charges were dropped?
Also, he was just instructed to put the breathalyzer in the car. Does that suggest that he will retain his license or is it just a temporary ruling beofre trial (he's pleading not guilty).
My questions for the lawyers or anyone else who might know are :
1) should those previous offenses be considered in court?
1) if they are, what is he likely looking at if found not guilty for this one?
2) if they are, what is he likely looking at if found guilty?

p.s. i know how despicable drunk driving is, so please don't fel the need to remind me that the guy has a problem...

thanks!
 
Breathalyzer is a condition of release I think. It'll stay on if he loses. Should be treated as his second, I would think. That ten year rule is no longer in effect.
 
My opinoin is that DWI laws are mostly ******** in that most folks that drink, drive severaltimes a month drunk and never, ever do any damage to anyone.

HOWEVER- fool me once...

IN other words you LOSE your right to **** up even a little bit after you book not only one, but two DWI's.

HOW can you be charged with a 3rd offense if not convicted? And where in Williamson County was he arrested.
 
this will come off as assholish, but:

Does he not have an attorney retained for this? If the answers/info from his lawyer are not good enough or trusted as being correct, warranting asking this stuff here, does that tell him/you something about his representation?
 
scott, maybe he hasn't picked an attorney yet?



And I'll stand by this, driving after having a few beers is not against the law. Driving drunk is.
 
scott seems to do a lot of these cases. have him hire scott.

that is all.

how is chicago, buddy?
 
supposedly he has excellent representation. he's paying as if he des. $10,000 retainer +$2500 a day in trial.
maybethat is what is making it more puzzling. he doesn't seem to know any of these answers and i only posted on here because of the wealth of knolwdge all you ************* provide
smile.gif
.

allright, i'm out - got a wedding shower at 6:00.
 
it's funny. i just asked my buddy who the guy is and he told me. you would know him. he's high profile in houston.
even funnier is that i actually know the guy! been out with him a couple of times through mutual friends.
he would definitely be high $$. i don't think i should mention his name, but then i don't know if it matters. some of you lawyers could help me with this etiquette!
 
yes. i believe all 3 arrests were in harris county.
 
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