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California DUI and DWI Legal Questions

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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 12
Do you have any California DUI and DWI questions page 12 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 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.

Does this mean the wet reckless is removed from my print out if it was expunged?

Answered 10 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Expungement does not do anything to DMV point counts.
Expungement does not do anything to DMV point counts.

What would the consequences be for my first DWI?

Answered 10 years and 7 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
Sentence always depends on the Judge and the facts surrounding your arrest. Most Judges do not sentence jail time for #1 but that depends on the aggravating circumstances.
Sentence always depends on the Judge and the facts surrounding your arrest. Most Judges do not sentence jail time for #1 but that depends on the... Read More

How can I transfer my DUI school?

Answered 10 years and 7 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. This must be done before you even consider talking to the Judge about a transfer.
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 More

Are there any diversion programs that I should join after getting my first DUI last week?

Answered 10 years and 7 months ago by Michael J. Nichols (Unclaimed Profile)   |   7 Answers   |  Legal Topics: DUI/DWI
That would be a no.
That would be a no.

Can I go to jail for being terminated from a 30 month a second time?

Answered 10 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
First, you should hire a lawyer to go to court to recall the warrant and ask the Judge for a re-instatement. A lawyer can do this without you present if the underlying charge is a misdemeanor, so it is less risky for you.
First, you should hire a lawyer to go to court to recall the warrant and ask the Judge for a re-instatement. A lawyer can do this without you present... Read More

I had a DUI 11 years ago, will it affect me getting a job?

Answered 10 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
Why not have it expunged? 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.
Why not have it expunged? You need to have successfully completed the entire term of probation, have nothing criminal pending, and not be on... Read More

Can I get a 20 year old DUI expunged and how?

Answered 10 years and 7 months ago by John F. Brennan (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
I do not understand the facts which you are presenting. If your DUI was dismissed with prejudice then it no longer exists, at least as a conviction. On the other hand, if you absconded and did not answer the charges properly you could have been charged as a felony fugitive. I would suggest that you take all of the details to an attorney in the state where the felony want warrant was issued and attempt to get it straightened out. It is possible to have a felony expunged in the state of Michigan but under the circumstances I cannot form an opinion whether or not an expungement is available at this time.... Read More
I do not understand the facts which you are presenting. If your DUI was dismissed with prejudice then it no longer exists, at least as a conviction.... Read More

When I move to another state, do the terms of my DUI probation stay with laws of the state I'm from?

Answered 10 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You still have to abide my original requirements. For example, you must complete the state A alcohol program, or else a warrant will be issued and you will also never get a license in state B.
You still have to abide my original requirements. For example, you must complete the state A alcohol program, or else a warrant will be issued and... Read More

I was terminated from court ordered DUI class, what will happen?

Answered 10 years and 7 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
You will probably get reenrollment papers and be allowed to complete the class. Being kicked out of the classes does cancel any 'restricted license' you obtained from the DMV as part of the class. So check with DMV cause your license may be suspended until you complete the class now.
You will probably get reenrollment papers and be allowed to complete the class. Being kicked out of the classes does cancel any 'restricted license'... Read More

If my DUI case was dismissed in court, why does it show up on my DMV H6 report?

Answered 10 years and 7 months ago by attorney Joshua James Price   |   2 Answers   |  Legal Topics: DUI/DWI
DUI cases involve two processes, one through the criminal court and one through the DMV Administrative Per Se Hearing (APS). In order to not have any suspension you must win the APS hearing and not be convicted of a DUI in criminal court OR if you lose the APS hearing, you can unwind the action by a full acquittal or NOT GUILTY at trial. After trial you or your attorney must submit a certified copy of the verdict to the DMV to unwind the APS action.... Read More
DUI cases involve two processes, one through the criminal court and one through the DMV Administrative Per Se Hearing (APS). In order to not have... Read More

How can I get my fingerprints cleared for working in childcare after having a DUI?

Answered 10 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Consider doing an expungement next year. 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.
Consider doing an expungement next year. You need to have successfully completed the entire term of probation, have nothing criminal pending, and not... Read More

How would I go about getting referred for school on 10 classes and the classes have been paid for, but never attended?

Answered 10 years and 7 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 More

How could I deal with a DUI from years back for which I do not finish classes?

Answered 10 years and 7 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   7 Answers   |  Legal Topics: DUI/DWI
If this was a first offence DUI in Wisconsin, no jail time attaches. Your best bet is to contact the lawyer who represented you during that case and ask him or her to contact the prosecutor and see if you can get back to the classes to finish things up. You could also notify the prosecutor yourself. If so, you would do well to check the State court database (in Wisconsin it is called CCAP or WCCA) to find out what, if anything, the Court did about your failing to complete the classes. Good Luck.... Read More
If this was a first offence DUI in Wisconsin, no jail time attaches. Your best bet is to contact the lawyer who represented you during that case and... Read More

If I was never convicted of a DUI, why does it show up on my H6 report? How?

Answered 10 years and 7 months ago by Francis John Cowhig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
It's most likely appearing as an arrest, not a conviction. Go to the clerk's office and get a copy of the docket sheet showing the case was dismissed. This is your proof that there is no conviction. You may also want to consult with an experienced criminal defense attorney and inquire about filing a motion to have the arrest record sealed. Good Luck.... Read More
It's most likely appearing as an arrest, not a conviction. Go to the clerk's office and get a copy of the docket sheet showing the case was... Read More

Is there any way of getting out of DUI classes?

Answered 10 years and 7 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
He has to complete the classes to get his license back from dmv. Notwithstanding that court will usually roll classes into jail and let him serve concurrently.
He has to complete the classes to get his license back from dmv. Notwithstanding that court will usually roll classes into jail and let him serve... Read More

Can I reapply for license without completing DUI classes?

Answered 10 years and 7 months ago by A. Marie Felsen (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
As a general rule you need to do the DUI class (usually this is AB541 the 3 month DUI classes for First Offenders) if you want to have a California Driver's license. They meet once a week for hour 1/2 - the DMV will not accept the ONLINE version- you need the real sit-down Class.
As a general rule you need to do the DUI class (usually this is AB541 the 3 month DUI classes for First Offenders) if you want to have a California... Read More

Can I reapply for license without completing DUI classes?

Answered 10 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
Nope. Worse yet, you have a warrant out for your arrest. 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. Worse yet, you have a warrant out for your arrest. You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without... Read More

If I was charged with my second DUI charge, will I be thrown in jail?

Answered 10 years and 8 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
This sounds like the third iteration of the same question. Wisconsin hasn't changed its minimum mandatory jail time of 5 days for an OWI this afternoon. And while jail time can go up to 6 months, a good lawyer can help you get the best deal, or a good trial.
This sounds like the third iteration of the same question. Wisconsin hasn't changed its minimum mandatory jail time of 5 days for an OWI this... Read More

Can I get my driver’s License back without completing the SB/38 program from a 1991 conviction?

Answered 10 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Nope there is no other way, and chances you've got a warrant for your arrest from court, too. 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 there is no other way, and chances you've got a warrant for your arrest from court, too. You should hire a lawyer to go to court to recall the... Read More

Can you be convicted of a DUI if you were not driving? How?

Answered 10 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Yes, especially when you don't have a good lawyer, the prosecutor will just use circumstantial evidence to show you must have been driving just moments before. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Yes, especially when you don't have a good lawyer, the prosecutor will just use circumstantial evidence to show you must have been driving just... Read More

What can I do to contest a driving without an IID once?

Answered 10 years and 8 months ago by A. Marie Felsen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You are supposed to hire an attorney before your hearing not after. I don't think there is anything I can do for you now.
You are supposed to hire an attorney before your hearing not after. I don't think there is anything I can do for you now.
DUI/DWI
California

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