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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 5
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DUI/DWI
California

Recent Legal Answers

If my brother got sentence 18 months for a 1 DUI with injury, what can we do to get him out of jail?

Answered 9 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
You can't. He's been "sentenced." Bail no longer applies if he's already sentenced and in custody.
You can't. He's been "sentenced." Bail no longer applies if he's already sentenced and in custody.

If my brother got sentence 18 months for a 1 DUI with injury, what can we do to get him out of jail?

Answered 9 years ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Nothing you can do. He needs to serve his sentence.
Nothing you can do. He needs to serve his sentence.

Will I get a guilty conviction in a court for a DUI if I was driving without a license and got pulled over for a broken break light?

Answered 9 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
The consequences for a drug DUI are the same as those of an alcohol DUI. However, drug DUIs are much harder to prove, because there isn?t a specific concentration that the state deems as impairment. With that said, you need to hire a DUI specialist, because by yourself the prosecutor simply won?t budge.... Read More
The consequences for a drug DUI are the same as those of an alcohol DUI. However, drug DUIs are much harder to prove, because there isn?t a specific... Read More

Can I get my license now if I got a DUI 10 years ago?

Answered 9 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You can't until 1) there is no warrant on the case, and 2) you complete the alcohol program that was ordered. 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 until 1) there is no warrant on the case, and 2) you complete the alcohol program that was ordered. You should hire a lawyer to go to court... Read More

Can he do an online DUI school in another state?

Answered 9 years and a month ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
No. DUI Programs are not available online in California (at least not recognized by the court/DMV).
No. DUI Programs are not available online in California (at least not recognized by the court/DMV).

How do I get a license after my second DUI?

Answered 9 years and a month ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
2 DUIs is only a lifetime ban on a commercial license.
2 DUIs is only a lifetime ban on a commercial license.

Is there any way an attorney can help me if my husband got a DUI?

Answered 9 years and a month ago by Francis John Cowhig (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
Anything is possible, but more information is needed. When did he receive his DUI? Why didn't he go to court? Does he know what his blood alcohol level was? Did he take a breath or blood tests? Why was he initially stopped? Was this his 1st DUI or did he have priors? Does he have a criminal history? Since we do not have all the facts, it is impossible to give a meaningful answers. Most likely there is a bench warrant issued for your husband's failure to appear in court. This needs to be addressed and does complicate things.... Read More
Anything is possible, but more information is needed. When did he receive his DUI? Why didn't he go to court? Does he know what his blood alcohol... Read More

Is there any way an attorney can help me if my husband got a DUI?

Answered 9 years and a month ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
You 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.
You 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

Is there any way an attorney can help me if my husband got a DUI?

Answered 9 years and a month ago by Edward Jerome Blum (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
If he didn't show up there's a warrant. A lawyer can get that recalled and handle the case.
If he didn't show up there's a warrant. A lawyer can get that recalled and handle the case.

Is there any way an attorney can help me if my husband got a DUI?

Answered 9 years and a month ago by Dan Eugene Chambers (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
Yes, he has lots of options.
Yes, he has lots of options.

If my friend’s two sons stole my truck and the cops comes around the corner then arrested me for a DUI and child endangerment, what do I do?

Answered 9 years and a month ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Were you drinking? Did you perform any field sobriety tests? Did you take a breath or blood tests? If so, what were the results? Were you taken to jail or just issued a citation/notice to appear in court? Since we do not have all the facts, it is impossible to give a meaningful answers. 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 More
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that... Read More

If my friend’s two sons stole my truck and the cops comes around the corner then arrested me for a DUI and child endangerment, what do I do?

Answered 9 years and a month ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
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. Once the warrant is gone, the lawyer can get down to defending you against the DUI (such as filing a SERNA motion).... Read More
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... Read More

Can a passenger with a DUI get me in trouble?

Answered 9 years and 2 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
No. What matters is the driver's sobriety.
No. What matters is the driver's sobriety.

Can a family member go to the court and get a certified court disposition copy or can it be requested by mail, phone or fax?

Answered 9 years and 2 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Must be in person.
Must be in person.

At what level do you have to be at to even be considered intoxicated?

Answered 9 years and 2 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
With drugs it's one big gray area. Which is why you should never plead guilty before consulting a DUI specialist.
With drugs it's one big gray area. Which is why you should never plead guilty before consulting a DUI specialist.

Should he tell her he was driving and what will happen because he is in process of getting his license?

Answered 9 years and 2 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
HR has the right to remain silent. Only idiots talk to investigators/cops and/or witnesses/victims. You should hire a lawyer for him before he makes the wrong moves and gets himself charged with a DUI.
HR has the right to remain silent. Only idiots talk to investigators/cops and/or witnesses/victims. You should hire a lawyer for him before he makes... Read More

Is there a statue of limitations on felony DUI?

Answered 9 years and 2 months ago by Francis John Cowhig (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
The Statute of Limitation on a felony is usually 3 years, so it looks like they just made it in time. However, depending on the facts of the case, there may be a way to have it dismissed. Your friend needs to consult with an experienced criminal/DUI attorney as soon as possible.
The Statute of Limitation on a felony is usually 3 years, so it looks like they just made it in time. However, depending on the facts of the case,... Read More

Is it legal to be arrested for DUI at home with a .06 BAC?

Answered 9 years and 3 months ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Can they arrest you? Yes! Can they convict you? Maybe. The D.A. is going to have an uphill battle on the facts you stated, but anything is possible. I suggest that you retain an experienced criminal/DUI defense attorney to represent you.
Can they arrest you? Yes! Can they convict you? Maybe. The D.A. is going to have an uphill battle on the facts you stated, but anything is... Read More

Am I still responsible for the storage fees, because they refused to release my car?

Answered 9 years and 3 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Show your title to the PD to get a signed release, which you bring to the tow yard.
Show your title to the PD to get a signed release, which you bring to the tow yard.

Can I buy a gun if I got 4 DUIs?

Answered 9 years and 3 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
Consider hiring a lawyer and getting them expunged (when your probation ends).
Consider hiring a lawyer and getting them expunged (when your probation ends).

Can I buy a gun if I got 4 DUIs?

Answered 9 years and 3 months ago by Edward Jerome Blum (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
If one is a felony then no. Otherwise yes.
If one is a felony then no. Otherwise yes.

Does a DUI show up on background check for employment?

Answered 9 years and 3 months ago by Francis John Cowhig (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
It can depending on how in-depth the background check is.
It can depending on how in-depth the background check is.

Am I allowed to drive using my order of reinstatement as my license until I can get my physical license next week?

Answered 9 years and 3 months ago by Edward Jerome Blum (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You are technically legal to drive. You will have problems if you are pulled over.
You are technically legal to drive. You will have problems if you are pulled over.

Can he be charged with a DUI if he wasn't the one driving at the time?

Answered 9 years and 3 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes it is admissible in court. He needs to hire a DUI specialist, and do it fast because he has only 10 days to save his license.
Yes it is admissible in court. He needs to hire a DUI specialist, and do it fast because he has only 10 days to save his license.

Why won’t they give me a misdemeanor with injury instead of a felony for a first time offense?

Answered 9 years and 4 months ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
DUI's involving injuries are always classified and filed as felonies. The GBI will have to be proven at trial and the medical reports will determine whether or not the woman has broken bones.
DUI's involving injuries are always classified and filed as felonies. The GBI will have to be proven at trial and the medical reports will determine... Read More
DUI/DWI
California

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