I have a question regarding DWI cases. Can I ask someone here for advice?

Asked over 1 year ago - San Antonio, TX

My husband got 2 dwi's over 4 years ago. Completed everything required honorably. Was given a case for possession under 1 gram a while later, completed and honored all of this as well except for the fact that he was on his last month of probation and was arrested for a DWI because of refusal to blow. He was MTR on the possession and sentenced 2 years. 6 mnths for the MTR and the rest for DWI since he accepted that deal. My attny is very busy but what do you think we are looking at he was taken on monday to county (last monday) and he is still there. is it possible for him to fall under the 1244a or b?

Attorney answers (3)

  1. Thomas Harlan Swain


    Contributor Level 11


    Lawyers agree


    Best Answer
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    Answered . All off that would have been done at or before sentencing. Also, a 3rd DWI is a 3rd degree felony, so 12.44 would not be applicable.

  2. Macy Michelle Jaggers


    Contributor Level 20


    Lawyers agree

    Answered . I don't understand your question. I thought you said he was already sentenced?

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  3. Jodi Soyars


    Contributor Level 13


    Lawyers agree

    Answered . Your fact pattern is confusing. IF SENTENCING HAS ALREADY HAPPENED AND If he was sentenced to pen time, and he has no prior pen trips, then he might be able to apply for shock probation. If sentencing has not already occurred, then there are more options available to him. However, based on your fact pattern it is not clear what is actually going on.

    This answer is for informational and educational use only. This answer does not create attorney-client... more

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