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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
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Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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In Texas, which penalties accompany DUI and open and notorious

Resolved Question:

In Texas, which penalties accompany DUI and open and notorious possession of a legal and 'clean' handgun owned by you the driver? Not licensed with a 'Concealed Handgun' permit. Just in your trunk and unloaded (full metal jackets in clips).
Thanks,
TAG II
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today. Please note that there may be a slight delay in response time, as I may be helping with other questions or I may be away from the computer. I will answer any follow-up questions as soon as I can.

In Texas, driving under the influence is a Class B misdemeanor, which means that the maximum penalty is a fine of up to $2,000, up to 180 days imprisonment or both. Tex. Pen. Code, Section 12.22. However, there is a 72 hour mandatory jail term. Section 49.04. There are also other factors that could increase the mandatory minimum jail term, all of which you can view at that link - some examples are if there was an open container in the car, or a child, or if the driver's blood alcohol level exceeded .15, or if the driver has prior offenses.

Carrying a handgun while engaged in criminal activity, which is the likely charge, based on what you've said, is a Class A misdemeanor, which is punishable by up to one year imprisonment, a fine of up to $4,000, or both. Section 12.21 and 46.02.

Because jail time is mandatory on the DUI charge, when you go in for the initial appearance on these charges, if you cannot afford an attorney, you have a right to have one appointed for you at no cost. You can ask the judge, and he'll appoint one for you at that time. You'll be able to enter a plea of not guilty, and then your lawyer will review all of the evidence and determine the best way to proceed.

Please rate my service before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - if not, please click "reply" so that we may continue the conversation. Good luck.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19521
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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