James Richard Butler’s Answers

James Richard Butler

Houston DUI / DWI Attorney.

Contributor Level 13
  1. I was recently arrested for a 3rd DWI (felony offense) Is prison time usually mandatory, or is probation an option?

    Answered 12 months ago.

    1. Bart Charles Craytor
    2. James Richard Butler
    3. Tristan Nicolas Legrande
    4. Khalil Isam Saman
    4 lawyer answers

    In Houston, Harris County, Texas, probation is offered for a third DWI. By statute, 10 days in jail is required as a condition of probation. A third DWI is a third-degree felony with a punishment range of from 2 to 10 years in the Texas Department of Corrections, and up to a $10,000 fine. Remember, that is just the range of punishment, not what you are going to get. A typical felony probation offer would be around 3 to 4 years probation, with a fine somewhere around $7-$800, with community...

    6 lawyers agreed with this answer

  2. I was arrested for DWI while changing my tire in a bank parking lot while intoxicated and I was wondering shouldnt it be a pi

    Answered over 1 year ago.

    1. Todd Gregory Lehn
    2. Ronald S. Cook
    3. Christian K. Lassen II
    4. James Richard Butler
    5. Michael Wayne Goolsby
    5 lawyer answers

    I agree with Mr. Lehn. There are a lot of facts we don't know. Was there an independent "wheel" witness ? This is the person who can testify that you operated a motor vehicle. Are there independent facts which prove recent operation of the vehicle? Did you admit operating ? Remember, operating can be proven by circumstantial evidence, examining the "totality of the circumstances". Contact a lawyer who goes to trial on these cases and see if they will give you a free consultation. Most will....

    6 lawyers agreed with this answer

  3. 2nd dwi texas

    Answered over 1 year ago.

    1. Gene Raymond Beaty
    2. Todd Gregory Lehn
    3. James Richard Butler
    4. Kathryn Mary Holton
    5. Billy Jack Stovall II
    5 lawyer answers

    Odds ? Much better with an experienced DWI lawyer. Hope this helped.

    6 lawyers agreed with this answer

  4. I got my first dwi, I don't want to go threw with probation. What should I do to time serve it

    Answered almost 2 years ago.

    1. John Joseph Eastland
    2. James Richard Butler
    3. Macy Michelle Jaggers
    4. Christopher Irvin Simser
    5. Ethan Patrick Meaney
    5 lawyer answers

    Tell your lawyer that you wish to take a straight plea . You will lose your drivers license from 90 days up to one year for a first offense, and will have to apply for a restricted drivers license. You need to hire local counsel that is familiar with your court. They can tell you whether that court will accept time served and a fine, or if the judge will require jail time. Hope this helps.

    6 lawyers agreed with this answer

  5. Can a probation officer do this?

    Answered almost 2 years ago.

    1. Macy Michelle Jaggers
    2. James Richard Butler
    3. Anthony Michael Solis
    3 lawyer answers

    I agree with Ms. Jaggers. Yes, the State can file a motion to revoke probation. It is a good thing that there was a camera which will show that it was not him blowing. The company that monitors the device will pull up those pictures to verify whether it was the probationer who was in violation.

    6 lawyers agreed with this answer

  6. Is it in my best interest to hire a lawyer for a second offense DWI?

    Answered about 2 years ago.

    1. Macy Michelle Jaggers
    2. Woodrow Wilson I Dixon III
    3. James Richard Butler
    4. John Joseph Eastland
    5. Ryan Joseph Mitchell
    6. ···
    8 lawyer answers

    It is unconceivable,that one would ever consider going to court without a lawyer,especially on a second DWI. Because the prior occurred within five years,you are facing a one year hard suspension on your license,where you will not be allowed to drive,as well as five days in jail. Yes,you should hire a lawyer who specializes in DWI cases. Best of luck.

    6 lawyers agreed with this answer

  7. How does the state determine if someone is eligible for probation after 7 dwi convictions, 9 arrests?

    Answered over 2 years ago.

    1. Richard Timothy Jones
    2. James Richard Butler
    3. Macy Michelle Jaggers
    4. Kimberly F. Minick
    4 lawyer answers

    My guess is that the State will not offer probation given the facts you have laid out.

    6 lawyers agreed with this answer

  8. I refused the DWI breathalyzer but never asked to sign or if i refused to sign ??

    Answered over 2 years ago.

    1. Robert Sterling Guest
    2. Richard Timothy Jones
    3. James Richard Butler
    3 lawyer answers

    It really doesn't matter whether you signed or not - the length of suspension for refusing to blow is the same - 180 days if this was your first offense. As the other lawyers mentioned, you have 15 days from the date you received notice of suspension to request the ALR (Administrative License Revocation) hearing. This is your opportunity to challenge the officer's right to stop you and request that you take the breath test. Hope this helps.

    6 lawyers agreed with this answer

  9. Took a breath test blow a 0.079 came up on digital read out. officer looked down and said thats not you and pushed some buttons

    Answered over 2 years ago.

    1. James Richard Butler
    2. Macy Michelle Jaggers
    2 lawyer answers

    I just watched a demonstration of an Intoxilizer 5000 being reset after a test. The reset switch was on the back of the unit. Evidence of that can still be found in the Black Mambo data. I'm not sure if the machine I saw was a 5000EN though. I agree with my colleague that you probably saw the reference sample number. .079 is within tolerance. Here is the good news; your test was a .08. That number is defensible. Hire an attorney who Is well qualified to defend a breath test case. Best of luck,...

    Selected as best answer

  10. I got my DWI charge dismissed, what could be on my record?

    Answered 15 days ago.

    1. Jeffrey Alan Hines
    2. James Richard Butler
    3. Joe Martin Mitchell III
    4. Scott Carson Wilbeck
    4 lawyer answers

    You will need to file an expunction. In Harris County they want you to wait until the statute of limitations has expired. I believe the statute of limitations for DWI is two years. As far as your job application is concerned, if they ask if you've ever been arrested for anything at all -the answer is yes. If they ask if you've ever been convicted, the answer is no. Hope this helps.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

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