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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 12
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Recent Legal Answers

How was I able to receive my license

Answered 8 years and 9 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
I have no idea. If you really want to know then contact the Department of Safety.
I have no idea. If you really want to know then contact the Department of Safety.

Is there a way I can make $10 payments or free DUI classes?

Answered 8 years and 9 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Get a financial evaluation from the court. They can get low cost program.
Get a financial evaluation from the court. They can get low cost program.

Is there a way I can make $10 payments or free DUI classes?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
You can't get your license back until you've completed the program. 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 lawyer can ask the Judge to reinstate you back in the program.... Read More
You can't get your license back until you've completed the program. You should hire a lawyer to go to court to recall the warrant. A lawyer can do... Read More

Would it help if I got a paid attorney before my court date or am I wasting money?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
If you think you might be going to jail, I certainly would consider retaining counsel.
If you think you might be going to jail, I certainly would consider retaining counsel.

Since the DUI case was dismissed, is it possible to get my license reinstated prior to the October 10 date?

Answered 8 years and 9 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Well I certainly do not like justifying a government activity which caused you so much trouble. But the suspension probably arose as an administrative determination of the Department of Transportation, rather than as a court sentence. So...I think your best bet is to contact the Wis. Dept. of Transportation, find the office which deals with suspensions, and ask them for a petition to reinstate your license (which you may be able to get online). On the petition (or whatever they call it) you can explain about the suspension and how your DUI case was dismissed. Ordinarily, though, an Administrative Suspension lasts only six months. I am guessing that you had some history of DUI, or your blood alcohol content was extremely high. You could also contact your own lawyer, of course, to attend to this.... Read More
Well I certainly do not like justifying a government activity which caused you so much trouble. But the suspension probably arose as an... Read More

If I was recently charged with speeding but there were a lot of details that were not mentioned in the police report, can my case be dismissed?

Answered 8 years and 9 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
The factors contributing do not matter, and n, you cannot get the case dismissed because of what is not in the report. The purpose of a trial is to let an independent fact finder hear the evidence and make a decision.
The factors contributing do not matter, and n, you cannot get the case dismissed because of what is not in the report. The purpose of a trial is to... Read More

can an officer testify that he was present and heard me say to another that I refused a breath test.

Answered 8 years and 9 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes. Officer is a 'fact' witness and can testify that he heard you say that you 'refuse' to take the test. What were the circumstances ? What caused the stop ? What happened on the 'field sobriety tests' ? Ed Dimon 732-797-1600
Yes. Officer is a 'fact' witness and can testify that he heard you say that you 'refuse' to take the test. What were the circumstances ? What caused... Read More

If I put myself on calendar, can a judge help me?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
All the Judge can do is re-instate you back into the program. It's up to the program whether you want to give you a "proof of completion."
All the Judge can do is re-instate you back into the program. It's up to the program whether you want to give you a "proof of completion."

I got put on probation for my DUI but my probation it was done 2 weeks ago in my probation violate me for not taking my classes or doing my community

Answered 8 years and 9 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
I can not tell you what to expect but I would suggest that you follow your PO's advice and get everything done before you go back to court.
I can not tell you what to expect but I would suggest that you follow your PO's advice and get everything done before you go back to court.

Can DMV take my license again if I was cited for a DUI back in July of 16, it wasn’t picked up by the DA until February 17?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes. Court action is completely separately from DMV. If convicted in court, you will face a second suspension.
Yes. Court action is completely separately from DMV. If convicted in court, you will face a second suspension.

Can I be proven guilty just from a field test ?

Answered 8 years and 9 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes. The officer can testify to the failed 'field sobriety tests' and to your 'behavior'. The testimony would be particularly damaging if the officer is certifed to observe drug 'intoxication'. What si your driving record ? Was there an accident. There may be a solution. Please call to discuss. Ed Dimon 732-797-1600 ext 235... Read More
Yes. The officer can testify to the failed 'field sobriety tests' and to your 'behavior'. The testimony would be particularly damaging if the officer... Read More

Can I be charged with a second DUI if my first one has been 13 years ago?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Sure. You may be ARD eligible if your only past crime was the DUI. It has been the required 10 years since your first DUI.
Sure. You may be ARD eligible if your only past crime was the DUI. It has been the required 10 years since your first DUI.

Can he still do time if I want to drop the charges?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
It doesn't work like that. Prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, in 95% of all DV cases the parties reconcile, and prosecutors are well aware of this. He needs a good lawyer.
It doesn't work like that. Prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, in 95% of all DV... Read More

Can he still do time if I want to drop the charges?

Answered 8 years and 9 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Yes, he can still do time.
Yes, he can still do time.

If they took my license for a pending DUI case, is it possible to get a duplicate license or a temporary license until the case is complete?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Normally, your license is not suspended until the conviction is registered. If you did receive a notice of suspension, you can file for a supersedeas from PennDOT's suspension, in the Clerk of Courts. All of the time deadlines to do this are on the Notice of Suspension you received. Take your papers to an attorney.... Read More
Normally, your license is not suspended until the conviction is registered. If you did receive a notice of suspension, you can file for a... Read More

Being as it has been over twelve years ago, shouldn't the others have dropped off?

Answered 8 years and 9 months ago by Andrea Rogers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Old DUI convictions don't "drop off" of your criminal record. If you had just 1 misdemeanor DUI conviction, you could hire an attorney to get a first-time misdemeanor DUI conviction expunged from your record after 10 years of good behavior with no other alcohol-related law enforcement contacts. But if you receive other DUIs, you're not eligible for expungement of that first DUI conviction.... Read More
Old DUI convictions don't "drop off" of your criminal record. If you had just 1 misdemeanor DUI conviction, you could hire an attorney to get a ... Read More

What kind of trouble is my friend in after receiving her second underage drinking violation in Ohio.

Answered 8 years and 9 months ago by Nicholas Emil Froning (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Well, her situation is not uncommon. What is important is that you speak to an attorney to determine her options and fees and fines associated with this. A phone call is usually something not charged for, depending on the attorney.    Best,   Nicholas Froning
Well, her situation is not uncommon. What is important is that you speak to an attorney to determine her options and fees and fines associated with... Read More

If I was arrested for 2 and half years ago for both DUI's, is there a statute of limitations on the counseling sessions?

Answered 8 years and 9 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
It's going to be very hard to change the sentence, or the rules set by a probation officer. I think your best bet is to find a way to be allowed to leave work to do the counseling. You could ask your lawyer to move the Court to modify your sentence-but there is not great likelihood of success.... Read More
It's going to be very hard to change the sentence, or the rules set by a probation officer. I think your best bet is to find a way to be allowed to... Read More

If sober driver is stopped and existing DUI passenger is drunk, what will happen to them?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Nothing. Get an award for being a good citizen I guess.
Nothing. Get an award for being a good citizen I guess.

I got a dui in California. I was parked at a gate inn front of my friends appt. Complex. Keys were in the ignition but engine was off lights were of

Answered 8 years and 9 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Based off of the facts you posted you may have an excellent defense. You should consult with an attorney to discuss your options. 
Based off of the facts you posted you may have an excellent defense. You should consult with an attorney to discuss your options. 

What do I do if I had a second DUI over 10 years ago, fulfilled my court requirements yet the DMV wants me to take an 18 month class?

Answered 8 years and 10 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
No, you have not fulfilled your court requirements, which clearly included completion of the SB-38.
No, you have not fulfilled your court requirements, which clearly included completion of the SB-38.

If two DUI charge 15 years ago, now facing charges of evading with disregard for safety and a DUI over .08%, what are my penalties?

Answered 8 years and 10 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
You will be treated as a first time DUI offender but you may be looking at increased penalties given the facts of your case and your past.
You will be treated as a first time DUI offender but you may be looking at increased penalties given the facts of your case and your past.

If two DUI charge 15 years ago, now facing charges of evading with disregard for safety and a DUI over .08%, what are my penalties?

Answered 8 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.

Missing money from impounded car; should I withdraw complaint?

Answered 8 years and 10 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Only you know if the money was there or not. I do not give advice on personal decisions.
Only you know if the money was there or not. I do not give advice on personal decisions.

If driving under suspended license, 2nd offence, would I go to jail? How long?

Answered 8 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
You could be looking at another 1.5 years suspension. I practice in Allegheny so I am thinking house arrest is more of an option for you. However, if you are in a smaller county, jail is possible.
You could be looking at another 1.5 years suspension. I practice in Allegheny so I am thinking house arrest is more of an option for you. However,... Read More
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