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 7
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Recent Legal Answers

If someone else is driving my car without my knowledge, drunk and has no license, can they put a 30 day hold on my car?

Answered 9 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You need to go to the police station to get a release. Show proof that you are the owner, and/or request an impound hearing within 48 hours of the tow.
You need to go to the police station to get a release. Show proof that you are the owner, and/or request an impound hearing within 48 hours of the... Read More

Can I expunge my 2005 DUI and if so, how do I go about doing that?

Answered 9 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  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

What are his chances with no evidence, when he wasn't even driving?

Answered 9 years and 7 months ago by Francis John Cowhig (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
There has to be some type of evidence for the D.A. to file DUI charges. A full review of the complaint, police report and discovery packet needs to be made before an accurate answer can be given. I am assuming that your son has an attorney, in which case, this question should be posed to his attorney, since his attorney knows more about the case than anyone else. If he does not have an attorney, then I suggest that he hire one immediately.... Read More
There has to be some type of evidence for the D.A. to file DUI charges. A full review of the complaint, police report and discovery packet needs to... Read More

What are his chances with no evidence, when he wasn't even driving?

Answered 9 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
He needs to hire a DUI specialist, and do it soon because he has only 10 days to save his license.
He needs to hire a DUI specialist, and do it soon because he has only 10 days to save his license.

What are his chances with no evidence, when he wasn't even driving?

Answered 9 years and 7 months ago by Edward Jerome Blum (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
He needs a lawyer. The state can charge anyone with anything. He needs someone to fight for him.
He needs a lawyer. The state can charge anyone with anything. He needs someone to fight for him.

Was I found guilty of DUI by default, since I failed to appear in court?

Answered 9 years and 7 months ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
You begin by hiring an attorney to represent you. If you missed your court date and did not notify your attorney (assuming you had one) of your current address, most likely a bench warrant was issued for your failing to appear in court. Hire an attorney immediately to help you get this resolved.... Read More
You begin by hiring an attorney to represent you. If you missed your court date and did not notify your attorney (assuming you had one) of your... Read More

How can I resolve outstanding DUI fines?

Answered 9 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  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.
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

Will I get arrested if I didn't enroll in my DUI classes because I can't afford it right now?

Answered 9 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

Do I have a case if I was just trying to get away from her because she was assaulting me and my car?

Answered 9 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
First things first. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
First things first. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.

What happens and what are the chances of getting convicted after all this time if I refused the test?

Answered 9 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
If you were never charged, then it is not possible to get convicted. Chances are, there may be a warrant?
If you were never charged, then it is not possible to get convicted. Chances are, there may be a warrant?

Should I pay more money to my attorney to reschedule and get the warrant dropped?

Answered 9 years and 8 months ago by Edward Jerome Blum (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
If you already paid the attorney tell him there's a warrant and ask him to clear it. If kit, you can do it yourself.
If you already paid the attorney tell him there's a warrant and ask him to clear it. If kit, you can do it yourself.

Can I be charged with second DUI if the first was 5 years ago in another state?

Answered 9 years and 8 months ago by Edward Jerome Blum (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
Yes. They will charge you, whether the first out of state DUI counts is a question of law that needs to be determined based on the state statute for where the first occurred.
Yes. They will charge you, whether the first out of state DUI counts is a question of law that needs to be determined based on the state statute for... Read More

What is a ward of court hearing?

Answered 9 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
She needs to hire a DUI specialist, and do it soon because she has only 10 days to save her license from a very long suspension.
She needs to hire a DUI specialist, and do it soon because she has only 10 days to save her license from a very long suspension.

Does a minor have the right to speak to an attorney or parent when in handcuffs?

Answered 9 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Nobody has the right to speak to anyone. What she does have, however, is the right to remain silent. Regardless, she needs to hire a DUI specialist, and do it soon because she has only 10 days to save her license from a very long suspension.
Nobody has the right to speak to anyone. What she does have, however, is the right to remain silent. Regardless, she needs to hire a DUI specialist,... Read More

Will the other state force name to get an IID or other penalties, or will I be alright just getting the hold removed?

Answered 9 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
You won't be able to get any hold removed unless and until you have completed the alcohol program(s) that you were ordered to complete.
You won't be able to get any hold removed unless and until you have completed the alcohol program(s) that you were ordered to complete.

If I have a misdemeanor DUI charge which could be risen to a felony, will the DA notify me of any changes?

Answered 9 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
They will usually wait until you are in court and arraign you on the felony (if that's what they decide to do). Your original court date remains the same. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license (misdemeanor or felony).
They will usually wait until you are in court and arraign you on the felony (if that's what they decide to do). Your original court date remains the... Read More

How long does a DA have to amend a misdemeanor violation (23152a/23152b/12500/a) where no formal charges were brought?

Answered 9 years and 8 months ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
The D.A. has one year from the date of the incident to bring misdemeanor charges. I suggest that your contact an experienced criminal defense attorney to help you with this matter. If more than one year lapsed before the D.A. filed charges, it may be possible to have the case dismissed.
The D.A. has one year from the date of the incident to bring misdemeanor charges. I suggest that your contact an experienced criminal defense... Read More

What are my chances to get a license all before I have been convicted of anything and to get another license in another state?

Answered 9 years and 9 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Talk to a local attorney before you try this scheme. Computers determine if a driver's license is valid, not your possession of a plastic card. Also some states have strong fraud laws.
Talk to a local attorney before you try this scheme. Computers determine if a driver's license is valid, not your possession of a plastic card. Also... Read More

What are my chances to get a license all before I have been convicted of anything and to get another license in another state?

Answered 9 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
It depends what happens at your DMV hearing (if you even requested one). Remember the DMV hearing is completely separate from the court case.
It depends what happens at your DMV hearing (if you even requested one). Remember the DMV hearing is completely separate from the court case.

Will the felony DUI charge in another state make me have 3 offenses if I have 2 in my state?

Answered 9 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Possibly, if the prosecutor finds out about your out-of-state case.
Possibly, if the prosecutor finds out about your out-of-state case.

What should I do if I got a drunk in public after a DUI?

Answered 9 years and 9 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
An infraction shouldn't hurt you.
An infraction shouldn't hurt you.

What should I do if I got a drunk in public after a DUI?

Answered 9 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
You should hire a lawyer to go to court for you. You wouldn't have to be there, which is safer. Remember not only will you be facing new charges, you will also be in violation of probation. Your goal is to get reinstated into probation with no punishment, and get the public intoxication (a relatively light misdemeanor) dismissed.... Read More
You should hire a lawyer to go to court for you. You wouldn't have to be there, which is safer. Remember not only will you be facing new charges, you... Read More

Will the felony DUI charge in another state make me have 3 offenses if I have 2 in my state?

Answered 9 years and 9 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Depends on the state.
Depends on the state.

Will they lock me up if I skipped a payment in April, was going to pay 2 payments in May but now they say I got a warrant?

Answered 9 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 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, 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

Will they lock me up if I skipped a payment in April, was going to pay 2 payments in May but now they say I got a warrant?

Answered 9 years and 9 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
You need to put your case in calendar and go into court and deal with the warrant.
You need to put your case in calendar and go into court and deal with the warrant.