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California DUI and DWI Legal Questions

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324 legal [2, *]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 - Page 10
Do you have any California DUI and DWI questions page 10 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.
DUI/DWI
California

Recent Legal Answers

Where do I go to take care of a bench warrant for a DUI?

Answered 10 years and 5 months ago by Francis John Cowhig (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
Since we do not have all the facts, it is impossible to give a completely accurate answers. However, things may not be as bleak as they seem. It may be possible to have the bench warrant recalled and depending on the facts of your case, it may also be able to have the case dismissed. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation.... Read Answer
Since we do not have all the facts, it is impossible to give a completely accurate answers. However, things may not be as bleak as they seem. It... Read Answer

What happens if I was pulled over suspicious DUI but not arrested?

Answered 10 years and 5 months ago by Francis John Cowhig (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
The best advice I can give you is to hire an attorney immediately. The "ticket" you were given is most likely a Notice to Appear in Court to Answer to Criminal Charges (DUI). In addition, the pink Admin per se Order you were given is only good for 30 days, after which your license will be automatically suspended. If you wish to contest the suspension, you must request a hearing within 10 days of your license being taken by the police and receiving the Admin per se Order. Time is of the essence.... Read Answer
The best advice I can give you is to hire an attorney immediately. The "ticket" you were given is most likely a Notice to Appear in Court to Answer... Read Answer

Can I get my license back without restriction of I got two DUIs more than 10 years ago?

Answered 10 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
Depends if you did everything you were ordered to do (like complete an 18 month alcohol program).
Depends if you did everything you were ordered to do (like complete an 18 month alcohol program).

How do I avoid jail time for second DUI?

Answered 10 years and 6 months ago by Edward Jerome Blum (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
You need to talk to a lawyer to see if you can beat the charge or work something out. Not easy as jail is 'mandatory' for a second DUI.
You need to talk to a lawyer to see if you can beat the charge or work something out. Not easy as jail is 'mandatory' for a second DUI.

How do I avoid jail time for second DUI?

Answered 10 years and 6 months ago by Hudson Thomas Bair (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
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Hire a lawyer for your best chance, outcomes depend on facts, lawyer skill, Judge and opposing counsel.
Hire a lawyer for your best chance, outcomes depend on facts, lawyer skill, Judge and opposing counsel.

How do I avoid jail time for second DUI?

Answered 10 years and 6 months ago by Francis John Cowhig (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
Hire the best DUI attorney you can afford and hope for the best.
Hire the best DUI attorney you can afford and hope for the best.

What happens to a DUI convicted who get pulled over with his brother’s car which he is not insured under?

Answered 10 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
It means an additional "no insurance" charge on top of the DUI. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
It means an additional "no insurance" charge on top of the DUI. You need to hire a DUI specialist, and do it soon because you have only 10 days to... Read Answer

Will I be eligible for a serna motion if I was arrested originally on July 13, 2013 and charged in November 2015?

Answered 10 years and 6 months ago by Francis John Cowhig (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
Without more information, I cannot give you a definite. However, and assuming I am reading your question correctly, if the 2013 arrest was for a misdemeanor and you were not charged until 2015, a Serna motion, as well as a motion to dismiss based on the statute of limitation, may be in order.... Read Answer
Without more information, I cannot give you a definite. However, and assuming I am reading your question correctly, if the 2013 arrest was for a... Read Answer

Can a revoked license due to DUI suddenly appear in one's record and never be aware of it?

Answered 10 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
It's automatic, once a person is convicted of a DUI.
It's automatic, once a person is convicted of a DUI.

Am I legal to drive because I have my license and DMV said so?

Answered 10 years and 7 months ago by Francis John Cowhig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Until you receive either a Notice of Suspension from DMV or a Notice to Appear in court, you should be alright.
Until you receive either a Notice of Suspension from DMV or a Notice to Appear in court, you should be alright.

Will a wet reckless conviction stop me from getting the license or even getting a temporary permit for sales?

Answered 10 years and 7 months ago by Edward Jerome Blum (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
No suspension. If DMV didn't suspend you're clear. Check with DMV.
No suspension. If DMV didn't suspend you're clear. Check with DMV.

Can I get my license back if my last DUI was in 1986 and I have completed my sentence and paid all my fines?

Answered 10 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Not if you have not completed the alcohol program as required. You should hire a lawyer to clear up the outstanding warrant.
Not if you have not completed the alcohol program as required. You should hire a lawyer to clear up the outstanding warrant.

How do I get an early termination of probation?

Answered 10 years and 7 months ago by Edward Jerome Blum (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
File a motion to terminate probation early.
File a motion to terminate probation early.

Do I have a case against the county sheriff's department at least for being disallowed proving myself innocent and the officer a liar?

Answered 10 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Instead of worrying about that you need to focus on getting the drunk in public charge dismissed. Time to shop for a lawyer.
Instead of worrying about that you need to focus on getting the drunk in public charge dismissed. Time to shop for a lawyer.

If I never did the DUI class and its past the statute of limitations or more, do I still have to do the classes or can I get an abstract?

Answered 10 years and 7 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Need class to get license back.
Need class to get license back.

If I never did the DUI class and its past the statute of limitations or more, do I still have to do the classes or can I get an abstract?

Answered 10 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Yes you do. You should hire a lawyer to go to court to recall the warrant and get your a new proof of enrollment date. 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. You should hire a lawyer to go to court to recall the warrant and get your a new proof of enrollment date. A lawyer can do this without... Read Answer

Will my misdemeanor DUIs prevent me from obtaining a Pupil Personnel Services credential?

Answered 10 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Instead of worrying about that, consider expungement. 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.
Instead of worrying about that, consider expungement. You need to have successfully completed the entire term of probation, have nothing criminal... Read Answer

Will my misdemeanor DUIs prevent me from obtaining a Pupil Personnel Services credential?

Answered 10 years and 7 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
It may. Even expungement doesn't affect licensing.
It may. Even expungement doesn't affect licensing.

Can I get a restricted CDL if I was arrested and charged for DUI back in 2012 and convicted in 2014?

Answered 10 years and 7 months ago by Michael Rutledge Norton (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
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DMV controls your license. It sounds like your second DUI so it is a year suspension. Call the Sacramento office over your local branch. Sometimes the local branches don't know the correct info.
DMV controls your license. It sounds like your second DUI so it is a year suspension. Call the Sacramento office over your local branch. Sometimes... Read Answer

How do you remove points off your MVR and does a judge have to order it?

Answered 10 years and 8 months ago by Hudson Thomas Bair (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
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Points are only counted in three year increments so, for example, if you got a speeding ticket this morning, and were convicted of it, any points between 11/5/12 and 11/4/15 will count toward a possible "negligent operator" point suspension. 4 points in one year, 6 points in two years or 8 points in three years. I'm guessing that your question relates to clearing the DUI conviction from your driving record, short answer, you can't.... Read Answer
Points are only counted in three year increments so, for example, if you got a speeding ticket this morning, and were convicted of it, any points... Read Answer

Can this DUI be dropped or thrown out for false reading?

Answered 10 years and 8 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.
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.

What can I do to clear a DUI up without doing the $800 class?

Answered 10 years and 8 months ago by Maltaise E Cini (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
You must complete the alcohol class. While it is always a term of probation, DMV will never lift the suspension on your CDL unless you complete the class. Your CDL will then stay suspended indefinitely.
You must complete the alcohol class. While it is always a term of probation, DMV will never lift the suspension on your CDL unless you complete the... Read Answer

What can I do to clear a DUI up without doing the $800 class?

Answered 10 years and 8 months ago by Hudson Thomas Bair (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
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Move out of state or attend the class if you want to drive legally.
Move out of state or attend the class if you want to drive legally.

What can I do to clear a DUI up without doing the $800 class?

Answered 10 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
You can't. It's a term of probation. 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.
You can't. It's a term of probation. You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present if the... Read Answer

What can I expect going to court as far as jail time, fines and classes for DUI?

Answered 10 years and 8 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
First time? Probation, fine 6 or 9 month class, community labor, maybe jail for the high speed.
First time? Probation, fine 6 or 9 month class, community labor, maybe jail for the high speed.
DUI/DWI
California

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