Legal Question in DUI Law in Texas

My husband got his 3rd DWI in texas which is a felony. My husband is bipolar I disorder with a history of alcohol and prescription drug abuse, he got addicted to some of the meds they give you for bipolar disorder like xanex, valium, klonopin. He has been in two mental hospitals in the past and about 5 years ago I tried to have him commited but the judge would not do it. The thing with the mental hospitals is he was not well when he signed himself out. My understanding is in texas especially if you dont have money for a expensive lawyer you are probally going to state jail or prison. How do I go about making a judge understand his mental illness and get him in a dual diagnosis rehab instead of prison , he needs therapy on a daily basis like you will not get in prison. He will only have a court appointed lawyer, we cannot afford a lawyer. 1st dwi was over 10 years ago, 2nd dwi was 2 1/2 years ago he blew under legal limit and 3rd one recently almost twice legal limit. Where does he stand on this and how can I help him , I feel like if that judge would of listened to me five years ago maybe he wouldn't be in this predictament now. Hopefully this judge will listen to me.Thank you for your time Patricia Barker


Asked on 7/08/10, 6:11 pm

1 Answer from Attorneys

TC Langford Langford Law Office

Get your husband to give permission to his lawyer to talk to you. Then talk to his lawyer, and offer to do the legwork and homework, to acquire the evidence of his disability. Also, talk to his lawyer about meeting the the PSI officer -- they may agree with you regarding treatment, if you are able to locate a facility that will accept him. It will take a lot of work. Good luck.

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Answered on 7/12/10, 9:50 am


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