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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 9
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DUI/DWI
California

Recent Legal Answers

Will I be in some sort of trouble because it was my car?

Answered 10 years ago by Francis John Cowhig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
If you were not cited, then you most likely have nothing to worry about. Your friend on the other could be looking at some possible jail time for driving without a license and could be deported for overstaying her visa.
If you were not cited, then you most likely have nothing to worry about. Your friend on the other could be looking at some possible jail time for... Read More

Can I get house arrest if I have my second DUI in less than 3 years and I am a single mom of 4 kids?

Answered 10 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Instead of worrying about the jail time, you need to focus your attention on how you can avoid being convicted for DUI again. Time to shop for a DUI specialist.
Instead of worrying about the jail time, you need to focus your attention on how you can avoid being convicted for DUI again. Time to shop for a DUI... Read More

Can a transferred DUI court case go back to the originating county and would I have to pay to transfer it again?

Answered 10 years 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

I forgot to take DUI classes, what will happen to me in court?

Answered 10 years ago by Francis John Cowhig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Revocation of probation, since your probation was most likely contingent upon your taking the classes and possible imposition of a jail sentence. The "I forgot" defense usually does not sit well with the judge. If you represented by an attorney during the initial proceedings, you should contact your attorney and explain the situation to him/her. If you were not represented by an attorney, consult with one immediately.... Read More
Revocation of probation, since your probation was most likely contingent upon your taking the classes and possible imposition of a jail sentence. The... Read More

My license was suspended in 1993 for DUI, how do I get it back?

Answered 10 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You must complete the alcohol program(s) that you were ordered to do. But first, you need to get the warrant(s) recalled. An attorney can help you recall the warrant(s) without you being present, so it is less risky for you.
You must complete the alcohol program(s) that you were ordered to do. But first, you need to get the warrant(s) recalled. An attorney can help you... Read More

Is there a new law for the district attorney to press charges within a certain amount of time?

Answered 10 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
No. After 1 year there is a presumption of prejudice, but they can still file even after 1 year.
No. After 1 year there is a presumption of prejudice, but they can still file even after 1 year.

Is there a new law for the district attorney to press charges within a certain amount of time?

Answered 10 years ago by Edward Jerome Blum (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
No.
No.

Is there a new law for the district attorney to press charges within a certain amount of time?

Answered 10 years ago by Dan Eugene Chambers (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
No, it is not true. It's a one-year statute of limitations.
No, it is not true. It's a one-year statute of limitations.

What happened now after I didn’t hear from the police after a breathalyzer?

Answered 10 years ago by Francis John Cowhig (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
The police are most likely waiting for the results of your blood test. If your BAC was over .08, you will probably receive a notice to appear in court in the mail.
The police are most likely waiting for the results of your blood test. If your BAC was over .08, you will probably receive a notice to appear in... Read More

How can I take care of 2 DUI cases I have been avoiding?

Answered 10 years ago by Dan Eugene Chambers (Unclaimed Profile)   |   5 Answers   |  Legal Topics: DUI/DWI
Start by talking to a DUI attorney in your area about how to deal with your cases.
Start by talking to a DUI attorney in your area about how to deal with your cases.

I have an outstanding bench warrant from 8 years ago, will they catch it at the airport?

Answered 10 years and a month 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

What will show up in the paper when I get convicted of a DUI?

Answered 10 years and a month 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. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Instead of worrying about the jail time, you need to focus your attention on how you can avoid being convicted. You need to hire a DUI specialist,... Read More

Will I do jail time if I haven't completed my DUI classes but I am more than half way done and paid more half?

Answered 10 years and a month ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
You should hire a lawyer to go to court to get an extension before a warrant is issued. 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 get an extension before a warrant is issued. A lawyer can do this without you present if the underlying... Read More

Do I have any recourse if the judge took away all my time served including 16 physical days I spent before I took my plea deal?

Answered 10 years and a month ago by James E Gandy (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
It is possible that the court abused its discretion or simply violated sentencing law. It is unclear from the information you provided.
It is possible that the court abused its discretion or simply violated sentencing law. It is unclear from the information you provided.

Does IID have to be installed on a car that is registered but not driven?

Answered 10 years and a month ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Usually, as long as DMV gets proof that one vehicle is installed, they'll leave you alone.
Usually, as long as DMV gets proof that one vehicle is installed, they'll leave you alone.

Is there another way to get IID hold removed?

Answered 10 years and a month ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
IID is mandatory in certain counties (like Los Angeles), even for a first offense.
IID is mandatory in certain counties (like Los Angeles), even for a first offense.

Is there another way to get IID hold removed?

Answered 10 years and a month ago by Hudson Thomas Bair (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
You need to talk to your lawyer, you haven't provided sufficient information for meaningful guidance.
You need to talk to your lawyer, you haven't provided sufficient information for meaningful guidance.

What options do I have for my time served taken away?

Answered 10 years and a month ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes, as punishment for violating probation.
Yes, as punishment for violating probation.

Why wasn't I pulled over at any time during my 40 minute drive and do the cops have the right to come on my property to investigate the accusations?

Answered 10 years and a month ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
If cited, you need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
If cited, you need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.

Is failing to enroll in alcohol classes violation of probation?

Answered 10 years and a month ago by Dan Eugene Chambers (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
Yes.
Yes.

If I choose to move back, will I be able to have a driver’s license and if so, will it be restricted?

Answered 10 years and a month 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. Then the Judge can reinstate you back into the program. You will not get your CDL back as valid unless and until you complete the ordered program.... Read More
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 was arrested for public intoxication in 2014?

Answered 10 years and a month 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. Then you can take the next step and get this relatively minor charge dismissed. By yourself you're going to get a criminal record, and it isn't worth it.... Read More
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

Since I was arrested, is this still a probation violation even if I didn't have to go to court?

Answered 10 years and a month ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Yes. One of the terms of your probation was not to violate any laws, which refers to misdemeanor and felony laws. Public intoxication is a misdemeanor, which is why you should hire a lawyer to get it dismissed or infracted. Otherwise you could be violated for probation. If you look at your citation, you will see a court date.... Read More
Yes. One of the terms of your probation was not to violate any laws, which refers to misdemeanor and felony laws. Public intoxication is a... Read More

I was convicted of a DUI, will I have to wait or file anything with the courts before I move?

Answered 10 years and a month ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
No, you can move.
No, you can move.

I was convicted of a DUI, will I have to wait or file anything with the courts before I move?

Answered 10 years and a month ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
No you don't. But don't forget to hire a lawyer and get the conviction expunged when you're done with probation. A lawyer can do it without you in the state.
No you don't. But don't forget to hire a lawyer and get the conviction expunged when you're done with probation. A lawyer can do it without you in... Read More
DUI/DWI
California

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