Legal Question in DUI Law in Texas

I was arrested 18 months ago for DUI in Hillsboro Tx. I had my licence suspended for 90 days and then had it reinstated. I was released from custody on personal recognizance the day after the arrest, no court date set at my time of release. Now 18 months later, I receive a letter from the presiding judge of Hill County to appear in court to face charges for the DUI. How is it possible to be tried for the same crime twice? When I was released from custody, I was released by a judge and there was no court date st at that time. I had pled guilty of operating a vehicle under the influence and had given a breathalizer which resulted in the suspension of my licence. I feel the need of obtaining a laywer to assist me but want to be sure of my rights.

Asked on 1/26/13, 1:35 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

If you pled guilty to driving under the influence, then there may be a mistake and you will need a lawyer to straighten it out.

Your license was suspended because you failed the breath test. That is a situation separate and apart from the prosecution of the criminal cases.

There are a number of counties where it takes up to 2 years for cases to get called to court after someone has been released on bond.

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Answered on 1/26/13, 1:53 pm

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