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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 6
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DUI/DWI
California

Recent Legal Answers

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 Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
You should consider hiring a DUI specialist to take over. Your current PD keeps waving time and appears to be doing no investigations and is probably unwilling/unable to proceed to trial. You get what you pay for.
You should consider hiring a DUI specialist to take over. Your current PD keeps waving time and appears to be doing no investigations and is probably... Read More

Can they suspend my license twice for the same incident and is that even legal?

Answered 9 years and 4 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes they can. Remember the court case is independent of the DMV hearing, so technically you can get suspended twice for the same incident.
Yes they can. Remember the court case is independent of the DMV hearing, so technically you can get suspended twice for the same incident.

What happens in a bench warrant for driving without a license but I have my license as of now?

Answered 9 years and 4 months ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
The bench-warrant will not go away and need to be taken care of immediately before you are arrested. I suggest that you consult with an experienced criminal defense attorney asap and get the warrant recalled.
The bench-warrant will not go away and need to be taken care of immediately before you are arrested. I suggest that you consult with an experienced... Read More

What do I do if I asked for 1 extension for ham program and just enrolled but was put on a waiting list so I need another extension?

Answered 9 years and 4 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Show the court you're enrolled.
Show the court you're enrolled.

What do I do if I asked for 1 extension for ham program and just enrolled but was put on a waiting list so I need another extension?

Answered 9 years and 4 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
You should hire a lawyer to go to court to get the extension. A lawyer can do this without you present if the underlying charge is a misdemeanor, so it doesn't turn into a warrant when the deadline is missed.
You should hire a lawyer to go to court to get the extension. A lawyer can do this without you present if the underlying charge is a misdemeanor, so... Read More

If I have a DUI and my friend is driving their car and I am in the car with them, do I get charged for another DUI?

Answered 9 years and 4 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
No.
No.

If I have a DUI and my friend is driving their car and I am in the car with them, do I get charged for another DUI?

Answered 9 years and 4 months ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Only the driver gets a DUI, but depending on how drunk you, the passenger, are, you could be cited for public intoxication.
Only the driver gets a DUI, but depending on how drunk you, the passenger, are, you could be cited for public intoxication.

Can I suppress that statement of being a coerced drunken statement since it is the only evidence against me?

Answered 9 years and 4 months ago by Francis John Cowhig (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
The fact that you admitted to driving there earlier, in and of itself may not be enough to convict you of DUI. The D.A. would have to prove that you were legally intoxicated when you were driving, which may be difficult to do. 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 arrest.... Read More
The fact that you admitted to driving there earlier, in and of itself may not be enough to convict you of DUI. The D.A. would have to prove that you... Read More

If someone has a warrant for a DUI in another state, what do you suggest they do to resolve it as soon as possible?

Answered 9 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   3 Answers   |  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. Then the case can go forward (without you present).
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.... Read More

What are my options at this point if I do want to pay the fine with my taxes, that would actually benefit me, but I do not want a warrant issued?

Answered 9 years and 5 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. Once the warrant is recalled, the lawyer can then request an extension 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

What happens if I got arrested for DUI and I’m on a temporary license?

Answered 9 years and 5 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.

What happens if I got arrested for DUI and I’m on a temporary license?

Answered 9 years and 5 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Your temporary license may be suspended if you don't fight it.
Your temporary license may be suspended if you don't fight it.

Is there anything that can be done to prevent him from going to jail by his next court date for a DUI that is this month?

Answered 9 years and 5 months ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
He needs to hire an experienced attorney.
He needs to hire an experienced attorney.

Can I get my driver’s license back without doing a program?

Answered 9 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Nope. No program, no license, ever.
Nope. No program, no license, ever.

Can I sue a police officer for stopping for no reason then arresting me?

Answered 9 years and 5 months ago by Edward Jerome Blum (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes. Sue him for spending a night in jail. What he did is wrong.
Yes. Sue him for spending a night in jail. What he did is wrong.

What happens on a VC23223(B) -1 violation?

Answered 9 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.

Is any of the statements I made be used against me since she first made contact to my arrest and I didn't get any Miranda warnings?

Answered 9 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Miranda doesn't kick in until you are cuffed. The cops know this, so they always trick you into talking long before they cuff you. Things like FSTs and all those questions must have occurred long before they told you to turn around and cuff you. You need to hire a DUI specialist, because by yourself you're going to get convicted. Then you will lose your license all over again (except this time it will be worse, because you will be forced to install a IID machine on your car).... Read More
Miranda doesn't kick in until you are cuffed. The cops know this, so they always trick you into talking long before they cuff you. Things like FSTs... Read More

Should she go in with the SR22 and proof of signing up for classes, or just go in and see what they say?

Answered 9 years and 5 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
The DMV process is completely different than the court process. If her blood alcohol level was over the legal limit, she needs to request a DMV hearing within 10 days of the arrest. If she loses the hearing, she will need an SR-22, proof of enrollment in the applicable class and payment of a reissuance fee to get a restricted license. Regardless of whether criminal charges have been (or will be) filed.... Read More
The DMV process is completely different than the court process. If her blood alcohol level was over the legal limit, she needs to request a DMV... Read More

What actions should I take legally to better my chances of not ruining my career and future?

Answered 9 years and 6 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
If found guilty at DMV or criminal case you will lose your license for a year.
If found guilty at DMV or criminal case you will lose your license for a year.

What actions should I take legally to better my chances of not ruining my career and future?

Answered 9 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Instead of worrying about how long you won't be able to drive, why not focus your energy and attention on how you can avoid being convicted? 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
Instead of worrying about how long you won't be able to drive, why not focus your energy and attention on how you can avoid being convicted? The... Read More

What can I do to get a license if I got a DUI 15-20 years ago in another state?

Answered 9 years and 6 months ago by Edward Jerome Blum (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Probably have to clear up the outstanding conditions of the out of state DUI.
Probably have to clear up the outstanding conditions of the out of state DUI.

What should I do if I don't owe anymore jail time but I never paid fines or did classes?

Answered 9 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
DMV won't issue you a license until you have completed the 18 month alcohol program. You need to hire a lawyer to recall the warrant first. Without a lawyer going to court on your behalf you'll probably get cuffed right there in the courtroom.
DMV won't issue you a license until you have completed the 18 month alcohol program. You need to hire a lawyer to recall the warrant first. Without a... Read More

What should I do if I don't owe anymore jail time but I never paid fines or did classes?

Answered 9 years and 6 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Probably need to take DUI class.
Probably need to take DUI class.

Is it customary for the court to set bail even though he was not in custody?

Answered 9 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
It is customary for the court to set bail on any second DUI offense (within 10 years of another) that is filed/charged.
It is customary for the court to set bail on any second DUI offense (within 10 years of another) that is filed/charged.

Do I still have to call the DMV for a hearing even though my license is suspended?

Answered 9 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Yes, to avoid an even longer suspension on top of the one you already have.
Yes, to avoid an even longer suspension on top of the one you already have.
DUI/DWI
California

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