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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 2
Do you have any California DUI and DWI questions page 2 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 will happen at a DIU arraignment hearing?

Answered 8 years and 6 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
At your arraignment you will be asked to enter a plea to the charges and the court will set your matter for trial. It's possible that the DA will offer you a settlment. If this is your first DUI you could be facing a 10-30 day jail sentence. If you are able, you should hire an attorney to appear on your behalf. If you hire an attorney you will not have to attend court. At best, call around to discuss your options.... Read More
At your arraignment you will be asked to enter a plea to the charges and the court will set your matter for trial. It's possible that the DA will... Read More

Will I still be required to complete an 18-month program if I had a DUI in 2003 and 2008?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes. But before that, you will need to clear up your warrant(s). 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. But before that, you will need to clear up your warrant(s). You should hire a lawyer to go to court to recall the warrant. A lawyer can do this... Read More

I heard that for the first DUI I won't face any jail time, is it true?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You should understand in all DUI prosecutions the suspect has a BAC of 0.08% or above (of they refused). With that said, many of these cases can be beat. For now, you should at least hire a lawyer to protect your license. You have only 10 days to do so.
You should understand in all DUI prosecutions the suspect has a BAC of 0.08% or above (of they refused). With that said, many of these cases can be... Read More

If I haven’t been paying my court fines causing a warrant but I have been doing DUI issued by court, will I be arrested?

Answered 8 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 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

Can a police officer impound my vehicle?

Answered 8 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes, so long as the cop has circumstantial evidence that you must have been the driver just moments ago, of you simply talked and "copped out." Time to shop for a lawyer for the upcoming misdemeanor in court.
Yes, so long as the cop has circumstantial evidence that you must have been the driver just moments ago, of you simply talked and "copped out." Time... Read More

How long do they have to charge me for a DUI?

Answered 8 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
1 year.
1 year.

TICKETED FOR DUI re SINGLE CAR (MINE) accident. I had taken oxycodone prescribed meds [continuous presc.. for 6 years]. is this a viable defense?

Answered 8 years and 7 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You should really consider hiring a lawyer to represent you on the DUI. Most people are shocked to learn that they can be charged for driving under the influence of prescription medicine. Also, you only have 10 days from the date of your arrest to schedule a DMV hearing or your license will be automatically suspended. ... Read More
You should really consider hiring a lawyer to represent you on the DUI. Most people are shocked to learn that they can be charged for driving under... Read More

Is there any way to get out of serving jail time for a DUI for a 20 year old?

Answered 8 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Instead of worrying about the jail time, you need to focus your attention on how you can avoid being convicted. But 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.... Read More
Instead of worrying about the jail time, you need to focus your attention on how you can avoid being convicted. But first things first. You should... Read More

What happens next if I was pulled over three 3 years after 2014 first DUI and officer did not arrest or tow?

Answered 8 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Consider expunging the record. 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 expunging the record. You need to have successfully completed the entire term of probation, have nothing criminal pending, and not be on... Read More

Can I just go ahead and stop my classes and do something when I get out to get a license out there?

Answered 8 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
That's not advisable, because it's not just about your license. Remember, when you don't finish your classes, a warrant will be issued for your arrest.
That's not advisable, because it's not just about your license. Remember, when you don't finish your classes, a warrant will be issued for your... Read More

How do I get my 2 DUI's removed from my record?

Answered 8 years and 7 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

Can a DUI charge in one state be resolved in another without having to back to home state?

Answered 8 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Nope.
Nope.

Will my mom be informed of my DUI if she is the co-signer and co-owner of my car?

Answered 8 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
No. But you need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
No. But you need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.

Do I have to take DUI classes before I can get my license back?

Answered 8 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Yes. 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 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... Read More

Do I have to take DUI classes before I can get my license back?

Answered 8 years and 7 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Yes, you do.
Yes, you do.

What can be done if my boyfriend did not complete his DUI classes and failed to appear?

Answered 8 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
He should hire a lawyer to go to court to recall the warrant. A lawyer can do this without him present if the underlying charge is a misdemeanor, so it is less risky for him.
He should hire a lawyer to go to court to recall the warrant. A lawyer can do this without him present if the underlying charge is a misdemeanor, so... Read More

If I have terrible anxiety and depression and the DUI class is extremely triggering, can I get a psychiatrist to write me out of this?

Answered 8 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Simple answer: NO, not if you ever want your license back.
Simple answer: NO, not if you ever want your license back.

Can I beat a 23152(a)?

Answered 8 years and 7 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Yes. You have a good chance based on the facts you provided.
Yes. You have a good chance based on the facts you provided.

Can I beat a 23152(a)?

Answered 8 years and 7 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.

Can I be charged with DUI if I was not driving or in possession of the keys during time of arrest?

Answered 8 years and 7 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Sounds like you might have a good defense.
Sounds like you might have a good defense.

Does a certificate of release mean they won't arrest him for DUI or is that still possible?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
To be safe, he should hire a DUI specialist, and do it soon because he has only 10 days to save his license.
To be safe, he should hire a DUI specialist, and do it soon because he has only 10 days to save his license.

Can I fight this MIP but wasn't in my possession?

Answered 8 years and 8 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.

If in 2006 I got a DUI, I want to clear this matter up, what do I do?

Answered 8 years and 8 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 I received a DUI in 1998, moved to another country, when I go back will there be any consequences?

Answered 8 years and 8 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 long is jail time for probation violation?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
The exposure is whatever was unserved based on the statutory max. For example, on a first time DUI, the max is 180 days. If in your original sentence you did not serve any time, then your total exposure is 180 days. That doesn't mean you will get 180, it just means that is the max you face. Time to shop for a lawyer.... Read More
The exposure is whatever was unserved based on the statutory max. For example, on a first time DUI, the max is 180 days. If in your original sentence... Read More
DUI/DWI
California

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