DWI charge for prescription drugs

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My husband was charged for DWI for prescription drugs. His breath test was negative for alcohol.he had 2 old DWI more than 10 years old. He has a parole hold on him plus immigration hold. Can he be released pending his DWI case based on his mental health issues.

Attorney Answers

3
David Traylor ·
The parole hold seems to be the big issue as far as his release. The judge in the court that his DWI case lands in will have the authority to set bond on his DWI case. But as far as parole holds, I don't know if they have any sort of special release provision for people with mental issues. I would think not. You'll probably get a lawyer with a better answer along here shortly.
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Bart Craytor ·
Any holds will keep him incarcerated until resolved with the authority issuing the hold. The immigration hold will be one that may not resolve until the other matters are disposed. Your husband needs a really good DWI/DUI attorney. A DWI 3rd or more is a felony offense and has severe consequences. He also needs a consultation with an immigration attorney regarding any ICE holds. Even though the prior DWI's are over 10 years old it is possible that they might be able to be used as prior convictions. Your attorney will need to investigate these convictions to ascertain their eligibility to be used as "priors" in this case. Don't forget thqt he only has 15 days from arrest to request an administrative hearing. You might want to request the hearing before your get an attorney to keep the time from running out. Good Luck
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Greg Hill ·
Can your husband be release based on mental issues? Probably not. He would have to show that the treatment or medication in jail is improper and that he instead needs to be in a mental institution, which would raise issues of why he was out driving around high in the first place. Hire an experienced DUI attorney for the immigration issues, as well as for the DUI. Find someone who regularly appears on DUI's in the courthouse at issue. Good luck to your husband.
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