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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 3
Do you have any California DUI and DWI questions page 3 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

What can I do to stop them from suspending my license if the charges were dropped ?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You can't. DMV operates independently from court. Chances are, you didn't hire a lawyer to represent you at the DMV Hearing (of you didn't request one at all).
You can't. DMV operates independently from court. Chances are, you didn't hire a lawyer to represent you at the DMV Hearing (of you didn't request... Read Answer

If someone blows under 0.8, can they still be charged?

Answered 8 years and 11 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Yes. They can be charged with a violation of VC 23152(a), driving under the influence. Regardless of the breath or blood alcohol result.
Yes. They can be charged with a violation of VC 23152(a), driving under the influence. Regardless of the breath or blood alcohol result.

Can I obtain a license after it being suspended in another state?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes. It's called "Termination of Action".
Yes. It's called "Termination of Action".

Did the officer stop me for just cause or can I get this dismissed?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  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.

If I have to use a public defender, is there a chance of getting this dropped to a wet reckless?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Ask yourself 3 things: - How long has this lawyer been practicing? - Does this lawyer specialize in DUI? Or does this lawyer take whatever is handed off to him/her? -Is the lawyer able to represent me at the DMV Hearing as well as the court case?
Ask yourself 3 things: - How long has this lawyer been practicing? - Does this lawyer specialize in DUI? Or does this lawyer take whatever is handed... Read Answer

What happens if I was dropped from my first offender DUI classes from a DUI I got in 2005?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
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. Only then can you think about getting reinstated.
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... Read Answer

Will I face jail time for not completing my mandatory DUI classes?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
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 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... Read Answer

Is it possible for a dismissal or no jail time for second DUI with documented mental illness?

Answered 8 years and 11 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.

Did I get a DUI or not if when I called the number, I was told that if I tested under .08 the action will be set aside?

Answered 9 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You should still request a hearing just to be safe. But you should know, the APS is separate from the court case. You can still be charged in court under VC 23152(a).
You should still request a hearing just to be safe. But you should know, the APS is separate from the court case. You can still be charged in court... Read Answer

Is there a way I can make $10 payments or free DUI classes?

Answered 9 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
You can't get your license back until you've completed the program. 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. Then the lawyer can ask the Judge to reinstate you back in the program.... Read Answer
You can't get your license back until you've completed the program. You should hire a lawyer to go to court to recall the warrant. A lawyer can do... Read Answer

Is there a way I can make $10 payments or free DUI classes?

Answered 9 years ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Get a financial evaluation from the court. They can get low cost program.
Get a financial evaluation from the court. They can get low cost program.

If I put myself on calendar, can a judge help me?

Answered 9 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
All the Judge can do is re-instate you back into the program. It's up to the program whether you want to give you a "proof of completion."
All the Judge can do is re-instate you back into the program. It's up to the program whether you want to give you a "proof of completion."

Can DMV take my license again if I was cited for a DUI back in July of 16, it wasn’t picked up by the DA until February 17?

Answered 9 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes. Court action is completely separately from DMV. If convicted in court, you will face a second suspension.
Yes. Court action is completely separately from DMV. If convicted in court, you will face a second suspension.

Can he still do time if I want to drop the charges?

Answered 9 years ago by Dan Eugene Chambers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Yes, he can still do time.
Yes, he can still do time.

Can he still do time if I want to drop the charges?

Answered 9 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
It doesn't work like that. Prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, in 95% of all DV cases the parties reconcile, and prosecutors are well aware of this. He needs a good lawyer.
It doesn't work like that. Prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, in 95% of all DV... Read Answer

If sober driver is stopped and existing DUI passenger is drunk, what will happen to them?

Answered 9 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Nothing. Get an award for being a good citizen I guess.
Nothing. Get an award for being a good citizen I guess.

I got a dui in California. I was parked at a gate inn front of my friends appt. Complex. Keys were in the ignition but engine was off lights were of

Answered 9 years ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Based off of the facts you posted you may have an excellent defense. You should consult with an attorney to discuss your options. 
Based off of the facts you posted you may have an excellent defense. You should consult with an attorney to discuss your options. 

What do I do if I had a second DUI over 10 years ago, fulfilled my court requirements yet the DMV wants me to take an 18 month class?

Answered 9 years and a month ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
No, you have not fulfilled your court requirements, which clearly included completion of the SB-38.
No, you have not fulfilled your court requirements, which clearly included completion of the SB-38.

If two DUI charge 15 years ago, now facing charges of evading with disregard for safety and a DUI over .08%, what are my penalties?

Answered 9 years and a month 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.

If two DUI charge 15 years ago, now facing charges of evading with disregard for safety and a DUI over .08%, what are my penalties?

Answered 9 years and a month ago by Dan Eugene Chambers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
You will be treated as a first time DUI offender but you may be looking at increased penalties given the facts of your case and your past.
You will be treated as a first time DUI offender but you may be looking at increased penalties given the facts of your case and your past.

Can I beat my DUI?

Answered 9 years and a month ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Absolutely. But first things first. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Absolutely. But first things first. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.

If my wife took blame for an accident DUI, already plead no contest and was sentenced, can i go to court and take blame?

Answered 9 years and a month ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Nope. Ship has sailed.
Nope. Ship has sailed.

How can I get my license back if I just paid the court fines and fees but never did the alcohol school or did any of the probation?

Answered 9 years and a month ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You must complete the alcohol program, or you will never get your license back. First thing first. 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 never get reinstated into the program as long as you have a warrant.... Read Answer
You must complete the alcohol program, or you will never get your license back. First thing first. You should hire a lawyer to go to court to recall... Read Answer

If I wasn't in the car when the police came, can I be convicted of DUI ?

Answered 9 years and a month ago by Dan Eugene Chambers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
No one can give odds on your case, particularly without more information and the police reports. Contact some experienced DUI attorneys and get specific guidance.
No one can give odds on your case, particularly without more information and the police reports. Contact some experienced DUI attorneys and get... Read Answer

What should I do if I have an DUI back in 2000 and do I still have to pay even if it's been over 10 years?

Answered 9 years and a month ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
If depends if you were already convicted, or if it is an open case. Either way, first things first. 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.
If depends if you were already convicted, or if it is an open case. Either way, first things first. You should hire a lawyer to go to court to recall... Read Answer
DUI/DWI
California

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