DUI and DWI Legal Questions

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464 legal questions have been posted about dui/dwi by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include criminal law, theft, and weapons charges. All topics and other states can be accessed in the dropdowns below.
DUI and DWI Questions & Legal Answers
Do you have any DUI and DWI questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 464 previously answered DUI and DWI questions.

Recent Legal Answers

What is needed to present to military when you have a DUI?

Answered a month ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: DUI/DWI
That is an issue best resolved with the recruiter as early as possible in the recruitment process.
That is an issue best resolved with the recruiter as early as possible in the recruitment process.
Either contact your attorney (did you have a public defender?) or request for the case to be calendared at the clerk's office then ask the judge to give you more time.
Either contact your attorney (did you have a public defender?) or request for the case to be calendared at the clerk's office then ask the judge to... Read More
I practice DUI law in York PA. But anywhere in the state of Pennsylvania, if you miss a court date you have to turn yourself in to address the bench warrant that gets issued as a result of missing the court date. This should be done with a DUI attorney that is experienced.
I practice DUI law in York PA. But anywhere in the state of Pennsylvania, if you miss a court date you have to turn yourself in to address the bench... Read More
 I am sorry this happened to you.  However, I do not understand your question.  Given the details you shared, you should consult with an experienced criminal defense attorney.
 I am sorry this happened to you.  However, I do not understand your question.  Given the details you shared, you should consult with... Read More

What charges would be brought against individual?

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: DUI/DWI
I am sorry that happened to you.  It sounds like you might be correct.  However, if you have a consultation with an experienced criminal defense litigator then I think it would give you more clarity as to what your options as a victim might be.  What the District Attorney’s Office decides to charge is up to a charging Deputy DA.  However, you can try and contact that DDA via the victim-witness section of the office.  You could also hire counsel to do it for you.  Do you have medical records of your injuries that required treatment?  You have options.... Read More
I am sorry that happened to you.  It sounds like you might be correct.  However, if you have a consultation with an experienced criminal... Read More

Public defender wants to take DUI to trial.

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: DUI/DWI
I am sorry this happened to you.  However, I do not understand your question.
I am sorry this happened to you.  However, I do not understand your question.
I am sorry this happened to you.  You did not provide enough details for me to be able to answer your question.  In such a circumstance, it is best to consult with an experienced criminal defense attorney whose opinion you trust.
I am sorry this happened to you.  You did not provide enough details for me to be able to answer your question.  In such a circumstance, it... Read More
You have to apply to the Court.  If you were represented by counsel then she or he should be able to handle that for you.
You have to apply to the Court.  If you were represented by counsel then she or he should be able to handle that for you.
I am sorry this happened to you.  But it sounds like you are making good progress in complying with the Court's terms of the sentence.  However, your question is not clear.  
I am sorry this happened to you.  But it sounds like you are making good progress in complying with the Court's terms of the sentence. ... Read More

DUI charge?

Answered 4 months ago by attorney T.L. Kearney IV   |   1 Answer   |  Legal Topics: DUI/DWI
Hi, I would be happy to speak further about this DUI Charge with you. I will note that you can get DUIs for prescribed medicine. We see it actually very frequently.  Before chatting, I'd like to look your case up so I can review it and best prepare to discuss with you. Could I have a name and phone number to contact you at? In order to fix a DUI charge it is extremely important to be proactive. I have developed a Roadmap over many years of doing this that goes over exactly what needs to be done, who to contact, and how to do it. I like to provide my clients with this and make sure you fully understand it so you can begin getting us that ammunition to fix this. Being proactive too will likely greatly help the fallout that will be occurign since you are on State Parole. Getting ahead of this will be a big deal there as well. T.L. Kearney, IV Ph: 717-668-8159 x2... Read More
Hi, I would be happy to speak further about this DUI Charge with you. I will note that you can get DUIs for prescribed medicine. We see it actually... Read More
Conviction for an OWI 1st offense does carry the possibility of jail time, up to 3 months. It also carries serious driver's license sanctions. Feel free to contact us if you would like to discuss your case in detail. (616) 433-5144
Conviction for an OWI 1st offense does carry the possibility of jail time, up to 3 months. It also carries serious driver's license sanctions. Feel... Read More
Yes, you definitely should seek counsel. You will get your charges once your blood work comes back, which can take about a month. So get ahead of it! There are things that you can and should be doing now, which will put you in a position to completely fix this later if you start now. You will be charged, so don't waste the enxt month doing nothing for this. Whenever I have a client get to me early like this, I provide them with a roadmap of exactly what needs to be done, who to contact, and how to do it. The Court and prosecutors love the proactivity down the road and you will put yourself in a position to fix you case. Timing is everything with these cases!... Read More
Yes, you definitely should seek counsel. You will get your charges once your blood work comes back, which can take about a month. So get ahead of it!... Read More
If you do not consent to a blood sample, if consent is refused, the officer can apply for a search warrant to obtain a blood sample. They're going to get a sample, even if you do not consent, they just need to get a warrant first.  
If you do not consent to a blood sample, if consent is refused, the officer can apply for a search warrant to obtain a blood sample. They're going to... Read More
What is the question? Its a gram vape cartridge...its less than full...so its less than a gram. That should be the ultimate charge: pcs, pg2, <1g. Its a state jail felony. Hire a lawyer for best results.
What is the question? Its a gram vape cartridge...its less than full...so its less than a gram. That should be the ultimate charge: pcs, pg2, <1g.... Read More
Sure, you can fight it. They must prove there is a "detectable amount" of alcohol in your system while you were driving to be DUI (a DWI for minors). They have to ascertain that somehow. 
Sure, you can fight it. They must prove there is a "detectable amount" of alcohol in your system while you were driving to be DUI (a DWI for minors).... Read More

Do I need a lawyer for an Misdemeanor charge.

Answered 2 years and a month ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics: DUI/DWI
While you do not "need" a lawyer present when you appear in Court, an experienced criminal defense attorney may be able to assist in identifying pssible facts/defenses that could result in the reduction of charges or even outright dismissal of the case. In any event, representing yourself in a criminal matter is never the best option.... Read More
While you do not "need" a lawyer present when you appear in Court, an experienced criminal defense attorney may be able to assist in identifying... Read More
Is this for a DWI related offense? If so, you are not eligible for early termination of supervision. See Texas Code of Criminal Procedure 42A.701(g)(1) (formerly 42.12 Section 20(b)) – “This article does not apply to a defendant convicted of: (1) an offense under Sections 49.04-49.08, Penal Code” If it is for a different type of offense, I could assist. You will have to contact me directly to discuss pricing (not supposed to do that on the Q&A section).... Read More
Is this for a DWI related offense? If so, you are not eligible for early termination of supervision. See Texas Code of Criminal Procedure... Read More

Hallucinations on police body cam after unknown substance was taken

Answered 2 years and 2 months ago by attorney Tristan Nicolas Legrande   |   1 Answer   |  Legal Topics: DUI/DWI
If you were driving, and the blood labs come back with a controlled substance in your system, you could be charged with DWI. If that happens, feel free to contact me directly to discuss representation. I only do criminal defense. If you want to sue the police officer for assault, you would need to contact a civil attorney. Be prepared to pay the civil attorney a retainer fee and an hourly rate. Tristan LeGrande 281-684-3500 tristan@legrandelaw.com... Read More
If you were driving, and the blood labs come back with a controlled substance in your system, you could be charged with DWI. If that happens, feel... Read More

what does non trial mean

Answered 2 years and 2 months ago by attorney Tristan Nicolas Legrande   |   1 Answer   |  Legal Topics: DUI/DWI
It just means it is not a trial setting. It will be a setting where Mr. Molina will be brought up to the court, and he will get to meet with his appointed attorney for the misdemeanor assault case. If he wants to resolve his case by a plea bargain, he can do so on that date. If not, he can reset for another non-trial setting, or, he can set his case for a pre-trial conference (and eventually trial). Feel free to give us a call, or send us an email if you want to discuss representation for his assault case, or the Felony Unauthorized Use of a Motor Vehicle case he has pending.   Tristan LeGrande 281-684-3500  tristan@legrandelaw.com... Read More
It just means it is not a trial setting. It will be a setting where Mr. Molina will be brought up to the court, and he will get to meet with his... Read More

Should I hire an attorney? If I pay fine over the phone, is that pleading guilty and would there be more consequences and/or possible sentencing?

Answered 2 years and 4 months ago by Mr. Howard A. Kurtz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state inquires.  Sincerely,  Kurtz & Blum
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state... Read More

How to find an attorney that wonโ€™t overcharge. But will help me.

Answered 2 years and 4 months ago by Mr. Howard A. Kurtz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state inquires.  Sincerely,  Kurtz & Blum
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state... Read More
Depends on the Court. Which county is your case out of? Most Courts have same flexibility, others are a bit more strict. Do you have a P.O.?
Depends on the Court. Which county is your case out of? Most Courts have same flexibility, others are a bit more strict. Do you have a P.O.?

DUI RELATED QUESTIONS

Answered 2 years and 5 months ago by attorney Jason R. Young   |   1 Answer   |  Legal Topics: DUI/DWI
The day before is late to be seeking help. Hopefully you hired a lawyer or he can state "I need a continuance to hire a lawyer". Then hire private counsel. There are a number of ways to attack the case depending upon the facts. Private counsel can analyze the facts and decide the best avenue(s) of defense. ... Read More
The day before is late to be seeking help. Hopefully you hired a lawyer or he can state "I need a continuance to hire a lawyer". Then hire private... Read More

Whatโ€™s going to happen?

Answered 2 years and 6 months ago by attorney Tristan Nicolas Legrande   |   1 Answer   |  Legal Topics: DUI/DWI
It will be up to the Judge, ultimately. If you violate your probation by - for example, being convicted of commiting another crime (public intoxication in your case), the state can file a motion to revoke your probation. The felony probation would mean you could be revoked and sentenced anywhere within the punishment range for that offense. So if the offense were, for example, a 3rd degree felony, you could be revoked and sentenced from 2 to 10 years in prison (even if your probation is shorter). These are all what COULD happen. You also could have your probation reinstated or extended with additional conditions. Whats IS going to happen? Impossible to predict. If you want to increase your chances of staying on probation, hire an attorney to represent you on the probation revocation.  Good luck!... Read More
It will be up to the Judge, ultimately. If you violate your probation by - for example, being convicted of commiting another crime (public... Read More
It's on you to do the CRN so if you mean is it a technical error that would allow you to avoid the conviction, the answer is no. You have to do it. And you'll need to have done it to restore your license. 
It's on you to do the CRN so if you mean is it a technical error that would allow you to avoid the conviction, the answer is no. You have to do it.... Read More