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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 14
Do you have any DUI and DWI questions page 14 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 464 previously answered DUI and DWI questions.
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Recent Legal Answers

What can I do if I can no longer pay the fine?

Answered 8 years and 11 months ago by Edward Jerome Blum (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Go into court get it converted to community service.
Go into court get it converted to community service.

Can I get a reduced sentence on 2nd DUI for having mental illness?

Answered 8 years and 11 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Since this is your second DUI it's highly likely that the DA may seek jail time. While you may have several defenses due to your mental capacity, and you should hire a lawyer to raise those defenses and have your matter set for trial. Also keep in mind that you only have 10 days from the date of arrest/citation to request a DMV hearing or your license will be suspended. ... Read More
Since this is your second DUI it's highly likely that the DA may seek jail time. While you may have several defenses due to your mental capacity, and... Read More

Should I have been told my BAC before I was released

Answered 8 years and 11 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
The normal practice is to give the defendant the BAC reading. However, the failure to give you the reading would not change the process or prosecution. Please let us know if you can help. Ed Dimon 732-797-1600
The normal practice is to give the defendant the BAC reading. However, the failure to give you the reading would not change the process or... Read More

What can be done if my wife's car was impounded and I was arrested and the tow papers said it wasn't legalized in my state?

Answered 8 years and 11 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Take in the proof of registration, and they will have to release the car, although you will probably have to pay the impoundment fees.
Take in the proof of registration, and they will have to release the car, although you will probably have to pay the impoundment fees.

I was arrested for a dui , I have one offense from back in 1991 what are my chances of having this reduced to a first offense

Answered 8 years and 11 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You should be able to have this considered your 'first offense'. Of greater importance, you should mkae sure that the 'stop' was legal and that the proper procedures were followed. You may be able to downgrade the charge. Ed Dimon 732-797-1600
You should be able to have this considered your 'first offense'. Of greater importance, you should mkae sure that the 'stop' was legal and that the... Read More

What are the steps do I need to get the class transferred over so I can complete it and get my license?

Answered 8 years and 11 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
No sure I understand the question. Generally the court or Probation Officer will provide a list of approved providers, even if you change states.?Check with them before you pay for a course here that may not be acceptable. Generally a local court is not involved.
No sure I understand the question. Generally the court or Probation Officer will provide a list of approved providers, even if you change... Read More

Can I avoid doing DUI class by just waiting 7, 10 or 15 years before trying to get my license back?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Nope. You can never get your license back (in California) until you complete the alcohol 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 you can finally get reinstated into the program.... Read More
Nope. You can never get your license back (in California) until you complete the alcohol program. You should hire a lawyer to go to court to recall... Read More

Will I go to jail for driving with a suspended license? Or is there any possible way I can fix this?

Answered 8 years and 11 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
It's mandatory 10 days. You may be able to convince a judge to give you community labor.
It's mandatory 10 days. You may be able to convince a judge to give you community labor.

Will I go to jail for driving with a suspended license? Or is there any possible way I can fix this?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Yes if you plead to a 14601.2 (10 days mandatory). You should hire lawyer and try and get the charge reduced so the mandatory minimum doesn't apply.
Yes if you plead to a 14601.2 (10 days mandatory). You should hire lawyer and try and get the charge reduced so the mandatory minimum doesn't apply.

Would I be able to get one? Is there any way I can get a dry reckless expunged?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You need to have successfully completed probation, with no other cases pending. Contact an attorney to file the expungement petition on your behalf.
You need to have successfully completed probation, with no other cases pending. Contact an attorney to file the expungement petition on your behalf.

Warrants

Answered 9 years ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
The best action you can take is to hire an attorney to appear on your behalf and have the warrant recalled. In most cases, the attorney can appear without you have to attend court.
The best action you can take is to hire an attorney to appear on your behalf and have the warrant recalled. In most cases, the attorney can appear... Read More

Is there a DUI case against DEF and what is the possibility of lawsuit against hospital?

Answered 9 years ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Go thru your chain of command and talk to the Prosecutor.
Go thru your chain of command and talk to the Prosecutor.

Is there a statute of limitations for DUI if no formal charges were filed?

Answered 9 years ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
1 year from date of original arrest, if filed as a misdemeanor. 3 years if filed as a felony.
1 year from date of original arrest, if filed as a misdemeanor. 3 years if filed as a felony.

Is there a statute of limitations for DUI if no formal charges were filed?

Answered 9 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Usually the state has 1 year to file before prejudice is presumed.
Usually the state has 1 year to file before prejudice is presumed.

If he has a suspended license because of 2 DUI charge, lost his job and failed to pay his payment plan, what is his options now? What can he expect?

Answered 9 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
He should hire a lawyer to go to court to recall the warrant. A lawyer can do this without him present if the underlying charge is a misdemeanor, so it is less risky for him. Once the warrant is recalled, an extension may be requested.
He should hire a lawyer to go to court to recall the warrant. A lawyer can do this without him present if the underlying charge is a misdemeanor, so... Read More

Can a person be charged a DUI if the vehicle he had possession of was lodged in a fence not capable of moving?

Answered 9 years ago by Timothy J. Klisz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
That's what a trial is for. The prosecutor has to prove the case and if they don't. The jury will acquit the defendant.
That's what a trial is for. The prosecutor has to prove the case and if they don't. The jury will acquit the defendant.

If just want to know how a person keeps their license after getting pulled over for a DUI for second or third time in 3 years.

Answered 9 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
There is a driver's license suspension for at least one year with every DUI, unless the person is eligible for ARD in which case it is a 30 or 60 day suspension.
There is a driver's license suspension for at least one year with every DUI, unless the person is eligible for ARD in which case it is a 30 or 60... Read More

If I am already sentenced for a DUI can I take it back to the court and fight?

Answered 9 years ago by Marc Aaron Goldbach (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
You need to talk to your lawyer about your choices. First, you could be sentenced to jail time for refusing probation. Second, you still have to do the program to get your license back. You pled and judge imposed the time. That does not sound like he limited the amount of time that was being suspended. Third, you could face more than a year if there were other counts that you pled to, e.g., driving with a suspended license, child endangerment, etc. And there are other problems with this plan so you need your lawyer to go through all of this with you.. By the way, we have heard many people make this kind of bravado remark often in drug cases because they do not want to test. There are not many scenarios where it is a real bargain. But there are some where it makes sense, at least in the short term, to the client. Now, you should also discuss with your lawyer candidly why you do not want to be on probation. You have a first DUI with a high blood alcohol level (by your own assessment). this suggests that you have a problem that you need to deal with. I say this not as a social worker but as a cold hearted criminal defense lawyer. If you are not dealing with an underlying problem that puts you at risk for arrest, you are liable to be arrested again. Next time it could be a felony or, worse yet, a DUI with injury or vehicular manslaughter. If you want to be off probation so you can drink (or so you can drink and drive) you are not doing yourself a favor. You are just doing prison on the installment plan. Having said that, maybe you have a good reason to be off probation and you should discuss that with your lawyer. But a first deuce with such a high BA may also be a wake up call. Good luck with your choices in this. ... Read More
You need to talk to your lawyer about your choices. First, you could be sentenced to jail time for refusing probation. Second, you still have to do... Read More

Can I lose my Pennsylvania license if I got charged for DUI in Maryland?

Answered 9 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
In this day and age, most states have reciprocity. A suspension in one state will be effective in another.
In this day and age, most states have reciprocity. A suspension in one state will be effective in another.

What will happen if I missed a hearing for a show cause over a DUI and how can I fix this without going to jail?

Answered 9 years ago by Nicholas J. Clekis (Unclaimed Profile)   |   9 Answers   |  Legal Topics: DUI/DWI
Hire legal counsel to file a motion to re-open the case.
Hire legal counsel to file a motion to re-open the case.

What happens on a vc 23136(a) infraction?

Answered 9 years 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 may end up with a criminal record, and it isn't worth it (not to mention, if you did not request a DMV Hearing within 10 days, you will also lose your license for 1 year).
You should hire a lawyer and get this relatively minor charge dismissed. By yourself you may end up with a criminal record, and it isn't worth it... Read More

If I plead guilty to misdemeanor, can it be changed to a felony at sentencing?

Answered 9 years ago by Timothy J. Klisz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Not likely.
Not likely.

Should I take an offer for if my DUI charge to be dropped to reckless?

Answered 9 years ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
I have no opinion. Trust your attorney.
I have no opinion. Trust your attorney.

If my boyfriend’s court date was pushed back because the judge had a family emergency, what are our options here?

Answered 9 years ago by Andrea Rogers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Unfortunately, there is nothing anyone can do for your boyfriend if the judge postponed the court date and your boyfriend can't afford to pay the bond.
Unfortunately, there is nothing anyone can do for your boyfriend if the judge postponed the court date and your boyfriend can't afford to pay the ... Read More

Is it possible to be acquitted on 11550A and still be found guilty of 23152E?

Answered 9 years ago by Edward Jerome Blum (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
It shouldn't be.
It shouldn't be.
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