Legal Question in DUI Law in Texas

My brother was out on parole and is over in July. He was in a coma almost a month and when he got out a week later they were driving home from his parole officier place over an hour away and his gf got lost he being out of coma a week and on new medicine (blood pressure and pain medicine) they did not mix. While at his parole officier place she told his gf to take him to the hospital something wasn't right with him. They left and he just getting out of the hospital did not want to go back. GF was driving home and got lost so he started driving to get to there new house of a week over an hour away. Someone called in saying he was swerving. GF said she relized he was not driving well and was trading spots with him at the same time police pulled up and arrested them both. He on DWI and her on PI. Now remind you he was in a coma for almost a month got out a week before being arrested. He gave blood that night but the county he is in they have people waiting up to a year for blood work to come back. He is on 30 days now waiting. How did the DWI turn into a felony DWI if no accident or injury or any sort? He has a court appt attorney but he is trying to get my brother maximum time of 99 yrs. Can you fire court appt attorney? Can you request for a different court appt attorney? Thanks


Asked on 12/15/12, 6:20 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

Felony DWI means he has 2 prior DWIs or he had a child under 15 in the car or he had a wreck that resulted in injury to someone.

If he is looking at up to 99 years then he has 2 prior felony convictions that they are using for enhancing his punishment.

He can hire a lawyer to substitute in for the court appointed lawyer but he cannot pick his appointed lawyer - the one the court gave him is the one he gets.

If your brother was intoxicated even on pain meds, then he violated the law by driving. That the parole officer thought he was messed up enough to say to take him to the hospital means that he was probably pretty messed up - and he can expect the parole officer to testify against him.

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Answered on 12/22/12, 3:41 pm


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