DUI and DWI Legal Questions

Anything is possible, but more information is needed. When did he receive his DUI? Why didn't he go to court? Does he know what his blood alcohol level was? Did he take a breath or blood tests? Why was he initially stopped? Was this his 1st DUI or did he have priors? Does he have a criminal history? Since we do not have all the facts, it is impossible to give a meaningful answers. Most likely there is a bench warrant issued for your husband's failure to appear in court. This needs to be addressed and does complicate things.... Read More

The longer between driving and blood draw, the harder it is to associate the result to the time of driving. This is especially true after a crash where medical attention is given due to the body?s response to trauma and drugs given during medical procedures. The biggest caveat is that different drugs will react differently to these inputs. There is case law that suggests 6 hours is admissible, not sure the drug. Even if admissible, then question is the value of the evidence. It might be very low. This should not cause you an immediate DMV suspension either way. A quality DUI attorney can provide more specific analysis with more information.... Read More

First things first. 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. Once the warrant is gone, the lawyer can get down to defending you against the DUI (such as filing a SERNA motion).... Read More

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Were you drinking? Did you perform any field sobriety tests? Did you take a breath or blood tests? If so, what were the results? Were you taken to jail or just issued a citation/notice to appear in court? Since we do not have all the facts, it is impossible to give a meaningful answers. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation.... Read More

Press the point & charges may still be authorized. Listen to your attorney, that what you pay him for. Minor inconvenience until statute runs out better than the costs of drug & drunk driving charges. Laminate the paper license or ask SOS for a new one. The expression is let sleeping dogs lie...or don't poke the bear.... Read More

A mother asking that her son/daughter being taken off the road is irrelevant. This merely establishes probably cause for the stop.  Once the officer makes the stop, the only issue when being charged with DUI is whether the drivers ability to operate a vehicle was impaired by alcohol and/or drugs.... Read More

Since taking an alcohol evaluation is one of the conditions of probation, you woudl be in violation of probation by failing to take the 3evaluation. Also, on a first alcohol offense the only way the Judge can suspend all of the jail time is to order you to take the alcohol evaluation. So failing to take it likely woudl lead to some jail time. ... Read More

Technical errors usually have zero impact on criminal cases because the officer can amend things or explain them in court. The only way to examine all of her defenses and options will be to meet with and hire a local defense attorney. If you are in metro Detroit, give me a call to discuss the issues.... Read More

It is possible that her lawyer and the prosecutor can make a deal to reduce the charges. It will not happen without prosecutor consent, or it could happen at a trial. The best things to ask for are careless driving or impeding traffic, but the prosecutor might insist on impaired or reckless driving.... Read More

The criminal case - which is what was dismissed - and the DMV/ driver's license issues are two different things, handled by two different authorities, and can come to two different decisions. If you did not request a hearing on the revocation of your driver's license, or if you requested a hearing and lost the hearing, then the dismissal of the case in court does not impact that. Therefore you must do what DMV is requiring in order to legally drive.  A lawyer coudl analyze your drivintg record and the facts of your situatiopn to give more specific advise, if you made an appointmtne and sat down with a lawyer. ... Read More

There is no yes/no answer. It depends on the state and whether or not they have filed a Governor's Warrant. If they filed a warrant then you may be picked up by Florida police agency and held for a maximum of thirty days; Foreign state is notified and that state is responsible for transportation. If they decline to pick you up after notice then Florida will release you.... Read More