×
Go back to Martindale-Avvo ➔

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 - Page 11
Do you have any California DUI and DWI questions page 11 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 be done regarding a delayed arraignment letter?

Answered 10 years and 5 months ago by Francis John Cowhig (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
The fact that more than 6 months has elapsed since the time of the offense and the filing of the criminal case will not help your son. More than likely, he will be charged with a misdemeanor, in which case the D.A.'s office had up to one year in which to file charges. An attorney can represent him in court without him being present pursuant to Penal Code Sec. 977. That being said, I suggest that you hire an attorney to represent your son at the arraignment. It may be possible for the attorney to work out a deal with the D.A. prior to you son's return.... Read More
The fact that more than 6 months has elapsed since the time of the offense and the filing of the criminal case will not help your son. More than... Read More

How can I get my license back if I was convicted of DUI in 2006, did jail time but never paid the fine?

Answered 10 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
Nope. Fines don't have any expiration dates. 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.
Nope. Fines don't have any expiration dates. First you should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you... Read More

What are my chance of getting my DUI reduced to a reckless speeding?

Answered 10 years and 5 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
You have to fight it to get the exhibition of speed, but if you do you should be able to get it. If not take it to trial. Lawyer up.
You have to fight it to get the exhibition of speed, but if you do you should be able to get it. If not take it to trial. Lawyer up.

What are my chance of getting my DUI reduced to a reckless speeding?

Answered 10 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
You're fortunate that you're pretty close to the legal limit, but it won't go anywhere if you do t have something representing you in court who knows what he is doing. First things first. Your lawyer or you must contact the DMV to request a hearing. You have only 10 days to save your license from an automatic suspension.... Read More
You're fortunate that you're pretty close to the legal limit, but it won't go anywhere if you do t have something representing you in court who knows... Read More

How do I fight an open container ticket?

Answered 10 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You should hire a lawyer and get this relatively minor charge dismissed. By yourself you're going to get a criminal record, and it isn't worth it.
You should hire a lawyer and get this relatively minor charge dismissed. By yourself you're going to get a criminal record, and it isn't worth it.

Can I get credit for 2nd offender DUI classes?

Answered 10 years and 6 months ago by Hudson Thomas Bair (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Short answer, "no." If you have not attended and completed the DUI program required by the DMV you will be unable to get a license until you do, regardless of the extra steps you took to get and maintain your sobriety or the fact you served your country, I wish it was different.
Short answer, "no." If you have not attended and completed the DUI program required by the DMV you will be unable to get a license until you do,... Read More

Is there any way I can do the classes online if I live in a remote area and the closest DUI classes are 45+ miles away?

Answered 10 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Nope. It's all statutory. When you get convicted of a DUI, you MUST take the required classes, and these classes are NEVER offered online.
Nope. It's all statutory. When you get convicted of a DUI, you MUST take the required classes, and these classes are NEVER offered online.

Is there any way I can do the classes online if I live in a remote area and the closest DUI classes are 45+ miles away?

Answered 10 years and 6 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Not if you want to get your drivers license back. Once you do part of the suspension you can get a restricted license that allows you to drive to from classes.
Not if you want to get your drivers license back. Once you do part of the suspension you can get a restricted license that allows you to drive to... Read More

I have a bench warrant from 2011, can I turn myself in any time?

Answered 10 years and 6 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Go to court to turn yourself in. That way you don't have to sit in jail overnight. Go first thing in the morning.
Go to court to turn yourself in. That way you don't have to sit in jail overnight. Go first thing in the morning.

Can I obtain the said collision report and use it to contradict the fact that they claim I was driving and caused an accident?

Answered 10 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You better hire a DUI specialist. Trying to do this yourself can only lead to one outcome: DUI conviction and loss of license.
You better hire a DUI specialist. Trying to do this yourself can only lead to one outcome: DUI conviction and loss of license.

What is the point of having a legal limit if you can get arrested still for being under it?

Answered 10 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
As you know, you can be under the legal limit and still be charged with VC 23152(a), which does not specify a particular amount. This is possible because everybody reacts differently to alcohol. Some could be "impaired" with just two drinks, at least presumably. Having said that, you do have a great case. You should hire a lawyer and try and beat the case instead of getting duped in court to a guilty plea.... Read More
As you know, you can be under the legal limit and still be charged with VC 23152(a), which does not specify a particular amount. This is possible... Read More

Will my husband become incarcerated if he hasn't paid restitution in 7 years? How?

Answered 10 years and 6 months ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
By failing to pay restitution, he may have violated his probation and there may be a bench warrant issued for his arrest. I 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 husband's situation. (S)he would then be in a better position to analyze his case, (and) advise you of his options.... Read More
By failing to pay restitution, he may have violated his probation and there may be a bench warrant issued for his arrest. I suggest that you contact... Read More

How do I get my confiscated license due to DUI from the police?

Answered 10 years and 6 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 cannot get your license from the police. From this point forward your lawyer will deal directly with the DMV.
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. You cannot get your license from the police.... Read More

How do I get my confiscated license due to DUI from the police?

Answered 10 years and 6 months ago by Hudson Thomas Bair (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
If you are under 21 and you blew a .01 or above (and you state in your question that you did) then your license is taken and you should have been issued a temporary license that explained your right to request a hearing at the DMV prior to the suspension going into effect. You would have had to request that hearing within 10 days of your citation, failure to make the request within 10 days means that your license will be (or was) suspended on the 31st day after the citation was issued. That suspension is one year in duration as you were under 21 at the time of the event.... Read More
If you are under 21 and you blew a .01 or above (and you state in your question that you did) then your license is taken and you should have been... Read More

Do I need to hire an attorney to get the DWI expunged or does it disappear on its own?

Answered 10 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
No it does not do so on its own. 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.
No it does not do so on its own. You need to have successfully completed the entire term of probation, have nothing criminal pending, and not be on... Read More

Why was the bail so high and can the DUI with gross vehicle manslaughter charges be dismissed?

Answered 10 years and 6 months ago by Francis John Cowhig (Unclaimed Profile)   |   5 Answers   |  Legal Topics: DUI/DWI
The bail is high because someone died and you husband is being charged with vehicular manslaughter which can carry a state prison sentence of more than 10 years. He needs the best criminal defense attorney he can afford, NOW.
The bail is high because someone died and you husband is being charged with vehicular manslaughter which can carry a state prison sentence of more... Read More

What happens if I was drunk in public while on DUI probation?

Answered 10 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
All you can do is hope and pray that the court that gave you probation doesn't catch wind of it. If they do, you should hire a lawyer to go to court.
All you can do is hope and pray that the court that gave you probation doesn't catch wind of it. If they do, you should hire a lawyer to go to court.

Will my previous DUI charges twenty years ago affect my new one?

Answered 10 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
DUI can be used as priors for up to 10 days. You need to hire a DUI specialist for the new case, and do it soon because you have only 10 days to save your license.
DUI can be used as priors for up to 10 days. You need to hire a DUI specialist for the new case, and do it soon because you have only 10 days to save... Read More

How should I know if my DUI arrest was legal?

Answered 10 years and 6 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   7 Answers   |  Legal Topics: DUI/DWI
Not enough information to give detailed answer. Husband needs to speak with an attorney about filing a Motion to Dismiss.
Not enough information to give detailed answer. Husband needs to speak with an attorney about filing a Motion to Dismiss.

Now that I got a speeding ticket, will they arrest me if I show up at court?

Answered 10 years and 6 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, 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, so it is less risky for you.

If I have a pending DUI charge can I travel to another state?

Answered 10 years and 7 months ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
You can go as long as you are back in time to appear for your court date. An alternative would be to retain an attorney make the appearance for you. Most DUI's are filed as misdemeanors and an attorney can appear on your behalf in misdemeanor cases.
You can go as long as you are back in time to appear for your court date. An alternative would be to retain an attorney make the appearance for you.... Read More

How can someone be charged with DUI if they weren't even driving?

Answered 10 years and 7 months ago by Francis John Cowhig (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
Anyone can be arrested for anything. Whether or not the D.A. can prove their case is another matter.
Anyone can be arrested for anything. Whether or not the D.A. can prove their case is another matter.

I blew 0.07, what are the chances of case dismissed?

Answered 10 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
They can still charge you with VC 23152(a), which isn't BAC-specific. You should hire a DUI specialist ASAP to protect your license.
They can still charge you with VC 23152(a), which isn't BAC-specific. You should hire a DUI specialist ASAP to protect your license.

How could I clear up an old DUI and failure to appear from a different state?

Answered 10 years and 7 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
While a court may welcome clearing up an old case, don't expect a brass band or a party. If you want a lawyer to represent you and that's a good idea you surely can find one who will agree to terms which you can manage. Even without a lawyer, you might be able to clear the matter by telephoning the prosecutor (have the case number or other identifying information at hand) and arranging a date to appear in court. Good Luck.... Read More
While a court may welcome clearing up an old case, don't expect a brass band or a party. If you want a lawyer to represent you and that's a good... Read More

What happens if I blew an .08 in a DUI? How?

Answered 10 years and 7 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
Fines totaling about $2100. Virtually no chance of jail time unless you have prior DUIs.
Fines totaling about $2100. Virtually no chance of jail time unless you have prior DUIs.
DUI/DWI
California

Helpful Resources