California DUI and DWI Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
324 legal questions have been posted about dui/dwi by real users in California. 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.
California DUI and DWI Questions & Legal Answers
Do you have any California DUI and DWI questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 324 previously answered California 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 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

I got a dui over 20 years ago was .o8,paid fines took class gave dmv my certificate, they lost it now they want me to take class again,

Answered 5 years and 2 months ago by Joshua Kaizuka (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Sorry to hear.  If you took the class back shortly after you were convicted of the DUI class and had your drivers license, it is strange that this would come up now.  On the other hand, if you took the class but did not get your diving privilege reinstated 20 years ago and DMV doesn't have any record of you completing the class, that is a problem. Most DUI program providers would not have records going back 20 years.  Unless you can find the certificate of completion, it will be a problem and you will most likely have to take the class over again if you want to get your driving privileges back. Unclear where you reside, but many DUI programs are now doing the classes on-line due to Covid-19.  ... Read More
Sorry to hear.  If you took the class back shortly after you were convicted of the DUI class and had your drivers license, it is strange that... Read More
You need to hire a Crim Def Attorney right away to address this issue right away.
You need to hire a Crim Def Attorney right away to address this issue right away.

Can i be still face

Answered 8 years and 3 months ago by Domingo Castillo, Jr (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You need legal counsel right away. Look for a Criminal Defense Attorney right away and ask for a free consultation. You need to move fast since you need to deal with the DMV as well within 10 days of the ticket.
You need legal counsel right away. Look for a Criminal Defense Attorney right away and ask for a free consultation. You need to move fast since you... Read More

Can I get my CDL back after 2 DUI?

Answered 8 years and 4 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You must first complete the 18 month program.
You must first complete the 18 month program.

Can I avoid jail time for a failure to appear?

Answered 8 years and 4 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
There is no Yes / No answer. Judge has total discretion. Recommend you contact an attorney in the area of your arrest for information on the Judge handling your matter.
There is no Yes / No answer. Judge has total discretion. Recommend you contact an attorney in the area of your arrest for information on the Judge... Read More

How do I get my DUI records sealed?

Answered 8 years and 4 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Expungement comes years after conviction, so instead of worrying about that you need to focus your attention on how to avoid being convicted. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Expungement comes years after conviction, so instead of worrying about that you need to focus your attention on how to avoid being convicted. You... Read More

Can an officer impound my vehicle if nobody was in the vehicle driving when the officer stopped to see what was going?

Answered 8 years and 4 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes. You should hire a lawyer to get the 14601 charge reduced or dismissed. Otherwise this will keep happening.
Yes. You should hire a lawyer to get the 14601 charge reduced or dismissed. Otherwise this will keep happening.

Can a car be impounded, if the driver has a suspended license, but the passenger has a valid driver's license?

Answered 8 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes it can. Driver's status is key. Passenger is irrelevant.
Yes it can. Driver's status is key. Passenger is irrelevant.

Can my DUI be dismissed if I blew a 0.07 at the police station?

Answered 8 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Unfortunately even if you blew under the legal limit, they can still charge you with VC 23152(a), which is probably what is listed on your ticket. However, you have a great case for a dismissal, provided you have proper representation. Contact a DUI specialist soon to protect yourself both from court and the DMV.... Read More
Unfortunately even if you blew under the legal limit, they can still charge you with VC 23152(a), which is probably what is listed on your ticket.... Read More

How do I get my DUI charge?

Answered 8 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You need to hire a lawyer to withdraw your plea.
You need to hire a lawyer to withdraw your plea.

I would like to have my 2 DUIโ€™s removed from my record, my first was in 2006, how do I begin?

Answered 8 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You need to have successfully completed the entire term of probation, have nothing criminal pending, and not be on probation for any other offense(s). Contact a lawyer to file the petition for expungement on your behalf.
You need to have successfully completed the entire term of probation, have nothing criminal pending, and not be on probation for any other... Read More

If my blood BAC was 0.8 and it's my first offense ever, what are the chances of DUI getting dropped?

Answered 8 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Pretty good, provided you are represented by someone who knows what he is doing. First things first, you or your lawyer needs to request a DMV hearing within 10 days!
Pretty good, provided you are represented by someone who knows what he is doing. First things first, you or your lawyer needs to request a DMV... Read More

What can I do to remove two DUI's from my record?

Answered 8 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You need to have successfully completed the entire term of probation, have nothing criminal pending, and not be on probation for any other offense(s). Contact a lawyer to file the petition for expungement on your behalf.
You need to have successfully completed the entire term of probation, have nothing criminal pending, and not be on probation for any other... Read More

After being ordered to enroll in DUI classes first offense and did not go, can I go back to court and ask judge for jail time instead?

Answered 8 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes, you do, and no you cannot substitute classes for jail. You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present if the underlying charge is a misdemeanor, so it is less risky for you.
Yes, you do, and no you cannot substitute classes for jail. You should hire a lawyer to go to court to recall the warrant. A lawyer can do this... Read More

What should be done if I got a DUI, but I was not driving the car?

Answered 8 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. No driving defenses are common, so prosecutors will never dismiss just because the defendant claims he/she wasn't driving. You need to fight it.
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. No driving defenses are common, so prosecutors... Read More

If I got arrested for DUI on private property, I was just moving the vehicles so my friend can go to work, what should I do?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Doesn't matter, private or public. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Doesn't matter, private or public. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.

If I am going to court today for my third DUI and I take the plea bargain, will I be arrested and taken in from court today?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Quite possibly. The minimum for a 3rd offense is 120 days. Talk to a DUI specialist.
Quite possibly. The minimum for a 3rd offense is 120 days. Talk to a DUI specialist.