DUI and DWI Legal Questions

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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 15
Do you have any DUI and DWI questions page 15 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.

Recent Legal Answers

That's correct. Your license will always remain suspended, and the new state will honor California's suspension, and in turn not give you a driver's license.
That's correct. Your license will always remain suspended, and the new state will honor California's suspension, and in turn not give you a driver's... Read More
There is no way these DUIs are going away. They don't just disappear after a certain number of years. And I also believe your son will not be able to avoid jail time. I suggest that you hire an experienced DUI attorney to represent him.
There is no way these DUIs are going away. They don't just disappear after a certain number of years. And I also believe your son will not be able to... Read More

She just left work, was pulled over for buying a single beer, not opened. Have officer's name. Made her sit on front bu

Answered 9 years ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
It is not wrong if she in convicted of the crimes with which she is charged. You need to consult with an attorney in your area to represent her if you feel that she was not guilty of the charges.
It is not wrong if she in convicted of the crimes with which she is charged. You need to consult with an attorney in your area to represent her if... Read More
What is the question?
What is the question?

Can a dui guilty plea be appealed or reversed if my atty did not explain the full impact and my BAC < .08?

Answered 9 years ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
If your case was disposed of in General Sessions Court, then you had 10 days starting the day after the disposition to file a notice of appeal. After that, the conviction is final.
If your case was disposed of in General Sessions Court, then you had 10 days starting the day after the disposition to file a notice of appeal. After... Read More

Can confiscated evidence be returned after case is resolved?

Answered 9 years ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You need to contact the District Attorneys Office to ask if it can be returned.
You need to contact the District Attorneys Office to ask if it can be returned.

Can I get DUI if I'm taking CBD HEMP OIL?

Answered 9 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
The consequences for a drug DUI are the same as those of an alcohol DUI. However, drug DUIs are much harder to prove, because there isn?t a specific concentration that the state deems as impairment. With that said, you need to hire a DUI specialist, because by yourself the prosecutor simply won't budge.... Read More
The consequences for a drug DUI are the same as those of an alcohol DUI. However, drug DUIs are much harder to prove, because there isn?t a specific... Read More

Can I get DUI if I'm taking CBD HEMP OIL?

Answered 9 years ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Technically, you can get a dui for any drug. If the drug impairs your ability to drive. Realistically, you can't get a dui for cbd.
Technically, you can get a dui for any drug. If the drug impairs your ability to drive. Realistically, you can't get a dui for cbd.

Is it possible for my friends got charged with a DUI but I was the driver?

Answered 9 years ago by Mr. Lucio Antonio Montes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Your friend needs to consult a criminal defense attorney. Of course they can not charge your friend for a DUI if you were the one driving at the time. It seems rather strange that your friend was charged. There has to be more to the story.
Your friend needs to consult a criminal defense attorney. Of course they can not charge your friend for a DUI if you were the one driving at the... Read More
It depends if you qualify for ARD or not. Unless this is your third or fourth, probably some house arrest/electronic monitoring on the incarceration part. On the DL suspension, 60 days with ARD, 1.5 years without ARD.
It depends if you qualify for ARD or not. Unless this is your third or fourth, probably some house arrest/electronic monitoring on the ... Read More

If my brother got sentence 18 months for a 1 DUI with injury, what can we do to get him out of jail?

Answered 9 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
You can't. He's been "sentenced." Bail no longer applies if he's already sentenced and in custody.
You can't. He's been "sentenced." Bail no longer applies if he's already sentenced and in custody.

If my brother got sentence 18 months for a 1 DUI with injury, what can we do to get him out of jail?

Answered 9 years ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Nothing you can do. He needs to serve his sentence.
Nothing you can do. He needs to serve his sentence.
The consequences for a drug DUI are the same as those of an alcohol DUI. However, drug DUIs are much harder to prove, because there isn?t a specific concentration that the state deems as impairment. With that said, you need to hire a DUI specialist, because by yourself the prosecutor simply won?t budge.... Read More
The consequences for a drug DUI are the same as those of an alcohol DUI. However, drug DUIs are much harder to prove, because there isn?t a specific... Read More

Can I get my license now if I got a DUI 10 years ago?

Answered 9 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You can't until 1) there is no warrant on the case, and 2) you complete the alcohol program that was ordered. 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 can't until 1) there is no warrant on the case, and 2) you complete the alcohol program that was ordered. You should hire a lawyer to go to court... Read More
Is there a chance? Perhaps. It depends on the prosecutor and the county in which the charge is lodged. If you are using a commercial license, expect very little sympathy. The two hour gap between accident and blood test is not significant. It would have to be three hours, and even then a court would not likely suppress the evidence, but merely allow your lawyer to argue to the jury that it is untrustworthy.... Read More
Is there a chance? Perhaps. It depends on the prosecutor and the county in which the charge is lodged. If you are using a commercial license,... Read More

What are my rights if I would like to view my legal file on a DWI case?

Answered 9 years ago by Timothy J. Klisz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You will need to ask you attorney. They have the only access to discovery in your case.
You will need to ask you attorney. They have the only access to discovery in your case.
That is up to the discretion of the Prosecutor (Provided by now he has probably already been arraigned). These charges can have a lasting effect either as a juvenile or an adult. Please consult an attorney. 
That is up to the discretion of the Prosecutor (Provided by now he has probably already been arraigned). These charges can have a lasting effect... Read More

Can he do an online DUI school in another state?

Answered 9 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
No. DUI Programs are not available online in California (at least not recognized by the court/DMV).
No. DUI Programs are not available online in California (at least not recognized by the court/DMV).

How do I get a license after my second DUI?

Answered 9 years and a month ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
2 DUIs is only a lifetime ban on a commercial license.
2 DUIs is only a lifetime ban on a commercial license.

What am I looking at if I had my 3rd DUI, I didn't appear in court and it has been 12 years since this happened?

Answered 9 years and a month ago by Timothy J. Klisz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Third offenses are felonies, so you need to obtain counsel asap before deciding how to proceed. There can be good strategies employed now before things keep getting worse.
Third offenses are felonies, so you need to obtain counsel asap before deciding how to proceed. There can be good strategies employed now before... Read More

Is there a time frame a license can be suspended without paying the fees?

Answered 9 years and a month ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
I have no special insight but believe the federal DOT takes more interest in CDL licensing than a license for an ordinary citizen. To fully answer your question it should be directed to the Federal Department of Transportation in Washington.
I have no special insight but believe the federal DOT takes more interest in CDL licensing than a license for an ordinary citizen. To fully answer... Read More
I did not see a question in what you wrote.
I did not see a question in what you wrote.

Is there any way an attorney can help me if my husband got a DUI?

Answered 9 years and a month ago by Dan Eugene Chambers (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
Yes, he has lots of options.
Yes, he has lots of options.

Is there any way an attorney can help me if my husband got a DUI?

Answered 9 years and a month ago by Edward Jerome Blum (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
If he didn't show up there's a warrant. A lawyer can get that recalled and handle the case.
If he didn't show up there's a warrant. A lawyer can get that recalled and handle the case.

Is there any way an attorney can help me if my husband got a DUI?

Answered 9 years and a month ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
You 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.
You 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