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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 8
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DUI/DWI
California

Recent Legal Answers

Can she take care of the DWI while out of state?

Answered 9 years and 9 months ago by attorney Philip Daniel Hache   |   4 Answers   |  Legal Topics: DUI/DWI
Yes, generally speaking for misdemeanor DUI charges a privately retained attorney can handle the court matters for their clients without their client being there.
Yes, generally speaking for misdemeanor DUI charges a privately retained attorney can handle the court matters for their clients without their client... Read More

Can I get an open carry with a DUI within 5 years?

Answered 9 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Not true. But you should get the charge 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.
Not true. But you should get the charge expunged. You need to have successfully completed the entire term of probation, have nothing criminal... Read More

How do I get a valid license again if I never attended AA classes for my DUI in 2011?

Answered 9 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Nope. If you don't finish the alcohol program that was ordered, you will never get your license back, even if you wait 50 years it's the same. 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
Nope. If you don't finish the alcohol program that was ordered, you will never get your license back, even if you wait 50 years it's the same. You... Read More

How do I get a valid license again if I never attended AA classes for my DUI in 2011?

Answered 9 years and 9 months ago by attorney Philip Daniel Hache   |   2 Answers   |  Legal Topics: DUI/DWI
Assuming your DUI conviction was in California, The DMV will keep the hold on your CA drivers license until you complete the alcohol program in California. If you have an out of state drivers license, you may be able to get around this by way of processing a 1650 waiver form with the DMV.
Assuming your DUI conviction was in California, The DMV will keep the hold on your CA drivers license until you complete the alcohol program in... Read More

How do I get my license after completing everything?

Answered 9 years and 9 months ago by attorney Philip Daniel Hache   |   2 Answers   |  Legal Topics: DUI/DWI
You should discuss this further with your attorney since she should be familiar with your case. Was your attorney a DUI Attorney? I can't stress enough how important it is to have an attorney that focuses on DUI to defend DUI cases. There is a lot more to it than one would expect. Someone may be able to sneak by with just an understanding of the basics, but they may miss a lot of potential defenses that could have helped your case. Not only with the criminal and DMV cases, but also understanding how the two effect each other. For example, if you were convicted of a DUI in court and it was a 2nd DUI in 10 years (but the court was not aware of that), the court may only require a 3 month alcohol program, but the DMV will still require an 18 month program.... Read More
You should discuss this further with your attorney since she should be familiar with your case. Was your attorney a DUI Attorney? I can't stress... Read More

When does the second DUI count?

Answered 9 years and 9 months ago by Edward Jerome Blum (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
It's from arrest date to arrest date.
It's from arrest date to arrest date.

Do I need to physically be in court on my court date in another state or can an attorney represent me?

Answered 9 years and 10 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   3 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. A lawyer can appear for you without you present if the underlying charge is a misdemeanor.
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. A lawyer can appear for you without you present... Read More

Do I need to physically be in court on my court date in another state or can an attorney represent me?

Answered 9 years and 10 months ago by attorney Philip Daniel Hache   |   3 Answers   |  Legal Topics: DUI/DWI
You can handle it yourself if you want to, but I highly advise against that. The chances of getting a favorable outcome increase a LOT with a good DUI defense Attorney, likely saving you from consequences and saving you money and time overall (ie. from court fees, increased insurance premiums, etc.).... Read More
You can handle it yourself if you want to, but I highly advise against that. The chances of getting a favorable outcome increase a LOT with a good... Read More

What should I do if I got charged with 5 M a VC23152(b),VC23152(a),PC148(a)(1),PC243(b),PC69?

Answered 9 years and 10 months ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Hire an attorney.
Hire an attorney.

Can I get my DUI charge dropped if the officers waited a little an hour to take me back after they pulled me over?

Answered 9 years and 10 months ago by Francis John Cowhig (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
It won't be enough to have the case dropped, but may be enough to raise a reasonable doubt at trial. Hire an attorney.
It won't be enough to have the case dropped, but may be enough to raise a reasonable doubt at trial. Hire an attorney.

Can my license be suspended if I actually didn't get caught driving in the USA?

Answered 9 years and 10 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  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. It doesn't matter if he doesn't live in California/USA. They suspend the "name and DOB."
He needs to hire a DUI specialist, and do it soon because he has only 10 days to save his license. It doesn't matter if he doesn't live in... Read More

Can I be charged with a DUI if I've only had one drink?

Answered 9 years and 10 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.

If I am caught driving under a suspended license after I just got my 3rd DUI 5 months ago, what will happen?

Answered 9 years and 10 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
The suspended license you're looking at about 30 days. The probation violation they could give you up to another 245 days (assuming you were sentenced to the statutory minimum of 120 days when you plead). 245 is derived from subtracting the time you did, 120, from the statutory max, 365. With that said, you may not get the max, and that's when a lawyer will be helpful.... Read More
The suspended license you're looking at about 30 days. The probation violation they could give you up to another 245 days (assuming you were... Read More

Can you get a DUI if you ran out of gas and then you took a controlled substance?

Answered 9 years and 10 months ago by Francis John Cowhig (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
If you are in the car with keys in the ignition and under the influence, you can be charged with a DUI. Whether or not there is enough evidence to convict depends on what the D.A. can prove.
If you are in the car with keys in the ignition and under the influence, you can be charged with a DUI. Whether or not there is enough evidence to... Read More

Can I fight a DUI while parked on the side of the road with keys on the ignition?

Answered 9 years and 10 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
It's fightable. Remember the d in DUI stands for drive.
It's fightable. Remember the d in DUI stands for drive.

Can I fight a DUI while parked on the side of the road with keys on the ignition?

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

My DMV record prevents me from getting a job, can I appeal it?

Answered 9 years and 10 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Not much you can do about your driving record, but you can expunge your criminal conviction(s) so long as you have successfully completed all probation and have nothing criminal pending. Contact a lawyer to file the petition for expungement.
Not much you can do about your driving record, but you can expunge your criminal conviction(s) so long as you have successfully completed all... Read More

Can I be convicted of DUI if I wasn't near my vehicle when I was arrested?

Answered 9 years and 10 months ago by Francis John Cowhig (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
The short answer is possibly, depending on your condition/behavior when approached by the police, who the person was that called in on you, etc. 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 arrest.... Read More
The short answer is possibly, depending on your condition/behavior when approached by the police, who the person was that called in on you, etc.... Read More

Is there a statute of limitations for felony DUI great bodily injury/death?

Answered 9 years and 11 months ago by Edward Jerome Blum (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
If they filed within 1 year it's not a statute problem. If there's a warrant, it doesn't go away. You'll have to go to court to handle it. Hire a lawyer first.
If they filed within 1 year it's not a statute problem. If there's a warrant, it doesn't go away. You'll have to go to court to handle it. Hire a... Read More

How can I keep my CDL after my first DWI?

Answered 9 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   5 Answers   |  Legal Topics: DUI/DWI
You need to win the DMV Hearing and/or the case in court. But most of all, you need to call a DUI Specialist instead of handling the case on your own.
You need to win the DMV Hearing and/or the case in court. But most of all, you need to call a DUI Specialist instead of handling the case on your own.

Can you be grandfathered in if I had two DUI 14 and ten years ago and then two in another state?

Answered 9 years and 11 months ago by attorney Jason William Savela   |   2 Answers   |  Legal Topics: DUI/DWI
Colorado does not have a limit as to how far back it looks for priors. Colorado will look at out of state priors. I am not sure what you mean by grandfathered in.
Colorado does not have a limit as to how far back it looks for priors. Colorado will look at out of state priors. I am not sure what you mean by... Read More

Is there something I can do if I did everything, except DUI classes since I can’t afford them?

Answered 9 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Nope. You will never get your license back until you complete the required program (among other things the court ordered).
Nope. You will never get your license back until you complete the required program (among other things the court ordered).

How can I get my CDL back if I don't have money for DUI classes?

Answered 9 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Nope, you've got to finish the class. Plus, you have a warrant out for your arrest. You should consider hiring a lawyer to recall the warrant. Without it, you won't get the reinstatement order from that Judge that you'll need just to re-enroll.
Nope, you've got to finish the class. Plus, you have a warrant out for your arrest. You should consider hiring a lawyer to recall the warrant.... Read More

How can I get my CDL back if I don't have money for DUI classes?

Answered 9 years and 11 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Go to court, see if they'll give you a fee waiver.
Go to court, see if they'll give you a fee waiver.

What is the likelihood my prior will come into play in my upcoming court appearance?

Answered 10 years ago by Francis John Cowhig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
The short answer is that it will depend on what the new and prior charges are. 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 case.
The short answer is that it will depend on what the new and prior charges are. I strongly suggest that you contact an experienced criminal defense... Read More
DUI/DWI
California

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