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464 legal questions have been posted about dui/dwi by real users. 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.
DUI and DWI Questions & Legal Answers - Page 11
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Recent Legal Answers

Can I fight this MIP but wasn't in my possession?

Answered 8 years and 8 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.

If in 2006 I got a DUI, I want to clear this matter up, what do I do?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  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

If I received a DUI in 1998, moved to another country, when I go back will there be any consequences?

Answered 8 years and 8 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

How long is jail time for probation violation?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
The exposure is whatever was unserved based on the statutory max. For example, on a first time DUI, the max is 180 days. If in your original sentence you did not serve any time, then your total exposure is 180 days. That doesn't mean you will get 180, it just means that is the max you face. Time to shop for a lawyer.... Read More
The exposure is whatever was unserved based on the statutory max. For example, on a first time DUI, the max is 180 days. If in your original sentence... Read More

What can I do to stop them from suspending my license if the charges were dropped ?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You can't. DMV operates independently from court. Chances are, you didn't hire a lawyer to represent you at the DMV Hearing (of you didn't request one at all).
You can't. DMV operates independently from court. Chances are, you didn't hire a lawyer to represent you at the DMV Hearing (of you didn't request... Read More

Am I looking at jail time if I am on my third offense drunk driving and I blew a .15?

Answered 8 years and 8 months ago by Timothy J. Klisz (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Quite possibly. A third offense is a felony in Michigan. Hire local counsel asap.
Quite possibly. A third offense is a felony in Michigan. Hire local counsel asap.

Am I looking at jail time if I am on my third offense drunk driving and I blew a .15?

Answered 8 years and 8 months ago by James S. Lawrence (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
It is up to the judge. A third offense can be charged as a felony. Even if not charged as a felony, there is a substantial risk of imprisonment, given that past probation have failed to deter the illegal conduct. A .15 reading is fairly high, which could cause judges to want to jail you. Get good representation right away.... Read More
It is up to the judge. A third offense can be charged as a felony. Even if not charged as a felony, there is a substantial risk of imprisonment,... Read More

If someone blows under 0.8, can they still be charged?

Answered 8 years and 8 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Yes. They can be charged with a violation of VC 23152(a), driving under the influence. Regardless of the breath or blood alcohol result.
Yes. They can be charged with a violation of VC 23152(a), driving under the influence. Regardless of the breath or blood alcohol result.

Can I obtain a license after it being suspended in another state?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes. It's called "Termination of Action".
Yes. It's called "Termination of Action".

Does 4 DUI's in one state affect a recent one in another state?

Answered 8 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
It depends on the law of the state he was stopped in. If that state charges him with a motor vehicle summary offense, it is not a violation of PA probation for a new crime, but merely a technical violation. He still can face punishment but not as severe as a conviction on probation.
It depends on the law of the state he was stopped in. If that state charges him with a motor vehicle summary offense, it is not a violation of PA... Read More

Can a prosecutor in one state find out about an alcohol incident in another if no charges were filed?

Answered 8 years and 8 months ago by Timothy J. Klisz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
I would highly doubt it unless your new case is extremely public for some reason.
I would highly doubt it unless your new case is extremely public for some reason.

What can happen is some gets pulled over for headlight out and the cop finds weed but doesn't arrest or give any citations, he simply lets me go?

Answered 8 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
You may be arrested by summons (by mail) or nothing may happen, which is unlikely. Prepare for the worst.
You may be arrested by summons (by mail) or nothing may happen, which is unlikely. Prepare for the worst.

Hello, I live in Colorado but the state of California has a hold on my licence from a dui 5 years old.

Answered 8 years and 8 months ago by David B Harrison (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
This is something that has to be straightened out in California where the DUI apparently is pending.  This is not an unusual situation (so I am not sure why the person at DMV you spoke to said they had not seen it). There is an "Interstate Compact" between states. When a person fails to take care of a ticket in one state, it causes a hold on the persons license in their home state. The only way to remove it is to take care of the matter in California. Hire a lawyer in the county where the DUI ticket is pending and see how they can help you - it is the only way to straighten it out. ... Read More
This is something that has to be straightened out in California where the DUI apparently is pending.  This is not an unusual situation (so I am... Read More

Did the officer stop me for just cause or can I get this dismissed?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  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 have to use a public defender, is there a chance of getting this dropped to a wet reckless?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Ask yourself 3 things: - How long has this lawyer been practicing? - Does this lawyer specialize in DUI? Or does this lawyer take whatever is handed off to him/her? -Is the lawyer able to represent me at the DMV Hearing as well as the court case?
Ask yourself 3 things: - How long has this lawyer been practicing? - Does this lawyer specialize in DUI? Or does this lawyer take whatever is handed... Read More

What happens if I was dropped from my first offender DUI classes from a DUI I got in 2005?

Answered 8 years and 8 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. Only then can you think about getting reinstated.
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

Is my false confession to a DUI enough to convict me?

Answered 8 years and 8 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: DUI/DWI
Yes, it is enough to prove it. Yes, a jury might believe your explanation and acquit you. Yes, you should tell your lawyer all of this, and if you do not have one, get one.
Yes, it is enough to prove it. Yes, a jury might believe your explanation and acquit you. Yes, you should tell your lawyer all of this, and if you do... Read More

Would the process to get my license back be the same as in another state?

Answered 8 years and 8 months ago by Michael B. Dungan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
If you are revoked in Michigan and not eligible for a restoration hearing until 2019, you are not driving legally in any state until 2019. Whatever state you move to will not (should not) license you until you first remove the revocation in Michigan, so whether you move from Michigan or not, you are going to have to clear up Michigan in 2019 before any state will license you to drive.... Read More
If you are revoked in Michigan and not eligible for a restoration hearing until 2019, you are not driving legally in any state until 2019. Whatever... Read More

Will I face jail time for not completing my mandatory DUI classes?

Answered 8 years and 8 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

Will the state where he has a warrant pick him up for a DUI charges if his case in another state is still open?

Answered 8 years and 8 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
There is no Yes/No answer. It depends on the law of the state that has the open warrant. Usually, that charge is a misdemeanor or less and the state issuing the warrant is responsible for the cost of transportation; most states will not pay the cost of transportation for such a minor charge. Be aware that if he is arrested for any charge and the arresting state runs a computer check and sees an open warrant, the arresting state can hold him for a period of time to give the state issuing the warrant an opportunity to come and get him. Usually, the maximum hold is 30 days.... Read More
There is no Yes/No answer. It depends on the law of the state that has the open warrant. Usually, that charge is a misdemeanor or less and the state... Read More

Is it possible for a dismissal or no jail time for second DUI with documented mental illness?

Answered 8 years and 8 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.

Do they keep track of my name as letting an unlicensed driver operate my vehicle?

Answered 8 years and 8 months ago by Michael J. Nichols (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
If you have not been charged there is nothing to track.
If you have not been charged there is nothing to track.

Do they keep track of my name as letting an unlicensed driver operate my vehicle?

Answered 8 years and 8 months ago by Timothy J. Klisz (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Allowing an unlicensed person to drive is a crime in itself. It sounds like you have been lucky so far. Stop this practice immediately or you will be charged.
Allowing an unlicensed person to drive is a crime in itself. It sounds like you have been lucky so far. Stop this practice immediately or you will be... Read More

Did I get a DUI or not if when I called the number, I was told that if I tested under .08 the action will be set aside?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You should still request a hearing just to be safe. But you should know, the APS is separate from the court case. You can still be charged in court under VC 23152(a).
You should still request a hearing just to be safe. But you should know, the APS is separate from the court case. You can still be charged in court... Read More

How long does it take for drug driving charges to be filed after blood draw?

Answered 8 years and 9 months ago by Michael J. Nichols (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
The government generally has 6 years to bring a misdemeanor case to trial.
The government generally has 6 years to bring a misdemeanor case to trial.
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