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Harlingen Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Harlingen Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 2220 E Adams Ave., Harlingen, TX 78550-2721

  • 1617 E. Tyler Ave., Suite A, Harlingen, TX 78550

  • 1314 E. Harrison, Harlingen, TX 78550

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Commonly Asked DUI/DWI Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Do I have to mention a pending paraphernalia charge at my preliminary hearing for a DUI?

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Answered by attorney Thomas Corcoran Phipps (Unclaimed Profile)
DUI/DWI lawyer at Law Offices of Thomas Corcoran Phipps
They would need your permission unless they obtained a court order. You don't have to testify at a preliminary hearing. You should discuss this with your attorney.
They would need your permission unless they obtained a court order. You don't have to testify at a preliminary hearing. You should discuss this with your attorney.
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Do I have to do jail time?

Cynthia Russell Henley
Answered by attorney Cynthia Russell Henley (Unclaimed Profile)
DUI/DWI lawyer at Cynthia Henley
Hire a lawyer. You have not stated why you were arrested except to post under DUI. They have to prove that you were intoxicated by alcohol or drugs - not just tired or anxious.
Hire a lawyer. You have not stated why you were arrested except to post under DUI. They have to prove that you were intoxicated by alcohol or drugs - not just tired or anxious.
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How long does the state of texas have to conduct Blood Analysis in a felony Dui case? Can synthetic marijuana be tested for, specifically xlr-11?

Richard Keith Oliver
Answered by attorney Richard Keith Oliver (Unclaimed Profile)
DUI/DWI lawyer at The Law Office of Rick Oliver
A jury can convict you if the State can prove you were intoxicated by "reason of the introduction of alcohol or drugs or any combination thereof." So, the short answer is yes, they can get you for the synthetic. There are issues with synthetic in terms of associating it with the illegal drugs enumerated in the H&S Code, though. Beyond the classification issue, there might be an issue with respect to the toxicological effects smoking synthetic would have on you 4 hours after smoking, if they even have evidence to prove that. The DRE exam may be a red herring; or it may be reduced to that. The DRE protocol is supposed to allow the cops to determine which "drug class" your alleged intoxication may stem from. I don't believe synthetic is among the drugs that are included in the DRE protocol. Synthetic isn't MJ; so I wouldn't allow them to testify that the signs and symptoms observed with respect to an MJ investigation are the same as those that should be observed when a person has smoked an entirely different-non-natural, substance. So, there are a lot of issues that can be explored in your defense. If it's your 3rd, you probably already know you're looking at 2-10 years in prison. And, it sounds like this one could be beatable. Hire a good lawyer well-versed in DWI.
A jury can convict you if the State can prove you were intoxicated by "reason of the introduction of alcohol or drugs or any combination thereof." So, the short answer is yes, they can get you for the synthetic. There are issues with synthetic in terms of associating it with the illegal drugs enumerated in the H&S Code, though. Beyond the classification issue, there might be an issue with respect to the toxicological effects smoking synthetic would have on you 4 hours after smoking, if they even have evidence to prove that. The DRE exam may be a red herring; or it may be reduced to that. The DRE protocol is supposed to allow the cops to determine which "drug class" your alleged intoxication may stem from. I don't believe synthetic is among the drugs that are included in the DRE protocol. Synthetic isn't MJ; so I wouldn't allow them to testify that the signs and symptoms observed with respect to an MJ investigation are the same as those that should be observed when a person has smoked an entirely different-non-natural, substance. So, there are a lot of issues that can be explored in your defense. If it's your 3rd, you probably already know you're looking at 2-10 years in prison. And, it sounds like this one could be beatable. Hire a good lawyer well-versed in DWI.
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