The first step is to make sure your address that's listed with DPS is accurate. They don't forward mail, so it if's not accurate, any suspension notices will be returned to them, AND you will miss the 15 day deadline to a hearing.
You'll want to set up a consultation with at least one DWI attorney in the area about fighting the ALR hearing if/when DPS suspends your license - - ahead of time, just to be safe.
If the case(s) ended in a Conviction, then the only option for the offenses listed is a Governor's Pardon. If the cases above were Deferred Adjudication, then there is a possibility of a Motion for NonDisclosure.
I've listed two links with more information below, and the second one (Expunction Calculator) will take you through the options for your specific cases.
1) He would need to hire another attorney. He only gets one shot at Court Appointed.
2) He can hire a new attorney at any point, so there should be no wait.
3) Motions will still be pending on the case with a new attorney.
4) DNA can take a LONG time, if it's even tested. Fingerprints should be pretty quick.
5) Dismissal is up to only the prosecutor. If they feel there's evidence sufficient to move forward, the case will proceed.
If you're not a citizen DO NOT PAY THE FINE. A theft conviction even at the Class C level is cause serious issues with immigration if you ever plan on trying to become a citizen. Hire a local Williamson County attorney to work on the case and negotiate a dismissal.
If you have an attorney, obviously he/shje's the best source of info -- since he/she has reports, etc... Go to AAs and you might want to consider DWI classes upfront, while the case is pending.
To answer your other question, the DWI will count if they find it on your RAP.
Penalty would be from 0 days in jail (and possible rehab/outpatient) up to the maximum that you signed on for with probation. When you plead on the case, the Judge would have capped the penalty (for instance 6 months jail, probated for 4 years).
The PET scan would be a defense. I've recently had a PI case dismissed because the prosecutors could not prove that it was alcohol causing the woman's disorientation as opposed to head trauma. Assuming there is medical documentation, the PI could be dismissed.
The problem is that the mere conduct you describe COULD be a violation of probation, and probably is. No prior violations puts you in a better position to possibly be reinstated though.
Defense and Affirmative Defenses do not mean the prosecution cannot charge you, or even convict you. They are defenses for a Jury to consider at trial. I've had a lot of cases where the prosecutor disagrees about whether a defense is viable, so we go to trial. But, in other cases, they dismiss. Depends on the facts of your case.
Affirmative Defense means that you and your attorney must prove the defense to the jury; the burden is on you to prove it, rather than the typical defense,...