DUI and DWI Legal Questions

There is an interstate compact that allows Colorado to revoke your Colorado license just as they would if the conviction for DUI was here.  Generally, if your ability to drive is revoked in Nebraska, Colorado law would not allow you to drive here using your Colorado license until you are reinstated to be able to drive in Nebraska. It is worth having your specific circumstances analyzed by a Colorado attorney familiar with the DMV rules here, or at a minimum contacting the DMV to ask them when you can drive in Coloraddo once your Nebraska case is resolved. ... Read More

Sorry to hear.  If you took the class back shortly after you were convicted of the DUI class and had your drivers license, it is strange that this would come up now.  On the other hand, if you took the class but did not get your diving privilege reinstated 20 years ago and DMV doesn't have any record of you completing the class, that is a problem. Most DUI program providers would not have records going back 20 years.  Unless you can find the certificate of completion, it will be a problem and you will most likely have to take the class over again if you want to get your driving privileges back. Unclear where you reside, but many DUI programs are now doing the classes on-line due to Covid-19.  ... Read More

If you have completed the alcohol program and the only issue for trying to revoke your deferred sentence is that you did not complete the alcohol program - provide proof to the Court that you completed the program and that should take care of it with no further action needed.  If you can, take the proof to the court clerk prior to the hearing and have the clerk 'efile' it into the file and ask that the hearing be vacated. It might be you can avoid having the hearing at all.... Read More

If you finished a diversion program, then you may be eligible to have your case "sealed", but not expunged. But the difference is minimal from your perspective. You are only eligible if you have never been adjudicated guilty of any other criminal case. You must apply to the Florida Department of Law Enforcement for a "Certificate of Eligibility." there are more details here: FDLE Sealing of Record Page... Read More

The answer depends on WHY you were placed on the interlock. If it is a mandatory interlock, then the DMV will not issue a license without proof. Even if you have to buy an old junker car to install it. If the court just used its discretion to order your interlock as a term of probation, then you may be able to get a license without proof. Penalties Chart Here is a link to the Florida penalties for DUI. I would give a call to the DHSMV in Tallahassee to find out what is required for him to get a license. Their number is (850) 617-2000. ... Read More

This is a very jurisdiction-specific and fact-specific question. Why was he on pretrial release at the time of his DUI? Where did this happen? Each county has its own procedures and criteria for pretrial release. If the original charge was alcohol-related (like another DUI), then it is not unlikely that they will hold him in jail until both charges are disposeed. Judges are just lawyers who didn't like practicing law. They do not want to be forced out of office by releasing some alleged drunk driver who can't stay sober and off the roads. On the other hand, if your bf was on pretrial release (ROR) for some relatively innocuous charge (say, shoplifting) there is a better chance that the court will grant him a bond. Especially since he has served a month already. Good luck. ... Read More

If this is your first offense, it is unlikely that you will go to jail. However, it is important to speak to a lawyer to rerview your options. The outcome of the case will depend on the facts and whether you submitted breath rest, urine test or blood test and the score. If you did not submit sample, then the field subriety test will be important in the outcome.... Read More

Hi Susan, The short answer is maybe. It will be dependent upon what evidence the officer may have been able to collect to support a charge for an OWI.  Under Louisiana Revised Statute 14:98, an OWI is going to be anytime you are behind the wheel of a vehicle, keys in the ignition, and you have a blood alcohol content of 0.08 or above, under the influence of a controlled dangerous substance, a medication which has a warning to not operate large machinery, or any combination of the three. In order to establish you are guilty of an OWI, the prosecutor would have to establish three elements: 1) that there was probable cause for a stop by the officer. Generally, this will be any traffic violation such as speeding, failure to use your turn signal, running a stop sign, etc. An accident is considered immediate probable cause as the officer needs to determine if anyone is hurt. The probable cause element just allows the officer to come into contact with you; 2) that there is reasonable suspicion that you may be intoxicated. This usually is established by the impression of the officer at the time such as them detecting an odor of alcohol, slurred speech, swaying, or seeing an open container in the vehicle; and finally, 3) Proving Intoxication. This is where the officer asked whether or not you were drinking. An affirmative answer does not mean you were above the legal limit, but gives them more reason to continue the investigation. This is where they will ask you to do the standardized field sobriety test, which you do not have to submit to. They will also ask for you to provide a breath sample to determine your blood alcohol content. This is also voluntary and you may decline to provide one.  The DA's office will have to weigh whether or not they believe they have sufficient evidence to charge you for an OWI given the totality of what evidence the officer was able to collect during his interactions with you. If you submitted to any of the standardized field sobriety tests, provided a blood alcohol sample, or made an admission to drinking prior to driving, the DA could possibly charge you. Nonetheless, if you do get charged with an OWI and/or if you are in need of an attorney to represent you regarding the careless operation and leaving the scene of an accident charge, please feel free to contact my office today at 337-237-0492 for an appointment so that we can discuss your case. ... Read More

This likely means there is something outstanding that is owed or needs to be done in the Michigan DUI case - maybe a driver's license fee due or something. A lawyer could help sort it out - or you can contact the Michigan DMV and see if there is some type of hold on your license, and then do whatever is needed to remove the hold. In some states you can get your driving record online and that should reflect what needs to be done.  I can help with it if you like.... Read More

The officer can testify to your condition and this may be sufficient to support the conviction. By way of example, if the officer has been trained to observe change of behavior based upon drug use, the officer can testify that there was drug use. The last three cases we have done did not involve alcohol. Please call immediately to discuss. Ed Dimon, Esq. 732-797-1600... Read More

Generally, prosecutors run prior convictions from your traffic record as well as a NCIC record (national), so you can't be sure the prosecutor didn't know (or would have known). In any event, once the court conviction gets to FLHSMV, they will impose a license suspension, and lack of ability to get a work permit, regardless of what happened in court. 3rd DUI conviction... Read More

Florida's Department of Highway Safety and Motor Vehicles will accept out-of-state DUI School attendance. It must be approved by the DHSMV in Tallahassee.(Call 850-617-2000) Generally the requirements are that the course must be in-person, must be at least 12 hours, and must include a psycho-social alcohol evaluation and counseling if recommended.... Read More

The prosecutor's office may be waiting for the test results or blood work before issuing formal charges. Once charges are issued you may be picked up on the warrant. You may want to have representation in place so that if and when charges are issued, your attorney can make arrangements to turn yourself in. ... Read More

If you just had ONE DUI, and it was 25 years ago it likely will not impact your ability to get a CDL (per the Federal regulations) in Nebraska - BUT you may have to do soemthing in the state you got the DUI in order to have Nebraka be okay with you getting a CDL.  As for Nebraska law, you will have to check with a Nebraska lawyer. ... Read More

Both New York and Connecticut have signed onto the Driver’s License Compact. This means NY and CT freely share driver information with one another. If you receive a NY traffic ticket but are a CT driver, CT will be notified about the ticket you received. This also applies if you are licensed in NY and got a ticket in CT. If you are an out-of-state driver and accrue 11 points or more, you will lose your New York driving privileges.   This accumulation of 11 points will be determined based on the NY point system, not your home state’s point system. Therefore, if you are caught speeding 41 miles over the posted speed limit or get cited twice for speeding 21-30 miles over the limit, you will no longer be allowed to drive in the State of New York for a specified period of time. Remember, your driver’s license will not be suspended by your home state and NY does not have the authority to suspend an out-of-state driver’s license. However, since CT and NY are both members of the Driver’s License Compact, CT will honor the“suspension” of your New York driving privileges even though it may not take away your ability to drive elsewhere.... Read More

It is unclear to me why your license was suspended for life in the circumstances you have described.  In relevant part, the terribly unwieldy and incomprehensible Massachusetts OUI law (General Law ch. 90, s. 24) provides that "a person previously convicted of, or assigned to a program for 3 or more [OUI offenses] shall have the person's license or right to operate suspended forthwith for life based upon such refusal."   In the fact pattern you have described, you were convicted of 3rd offense OUI.  I infer from your description that one of the charges resulted in a dismissal or acquittal.  If that is so, your license loss should have been for 5 years, in addition to the suspension flowing from your OUI 3rd offense conviction.  If, however, you were convicted or admitted to sufficient facts in each of your prior offenses, your license is indeed suspended for life. If you were not advised of the consequences of your refusal, there may exist avenues to challenge the suspension on due process grounds. Alternatively, depending on the particulars of your past case(s), you may be able to challenge one or more of your underlying convictions by way of a motion for new trial.  If your conviction were vacated on constitutional grounds, there may be arguments that your license should be restored.  You may wish to arrange for a consultation with a skilled attorney to discuss the facts and circumstances of your case to determine if there is any relief available to you. Best regards, Murat Erkan... Read More

Hi there, Massachusetts law allows adults to possess two ounces of marijuana for recreational use.  However, it is illegal for persons under 18 to possess or smoke marijuana.  Police may choose to issues you a citation which is punishable by a fine of $100.  The law also mandates participation in an approved drug awareness program for those responsible for underage possession. You could also be in trouble for trespassing, but only if there was adequate notice that the park was closed to the public at the time.   It is possible that police will contact your parents to discuss your behavior, however, it is unlikely that they would make the effort if they have not done so yet. Finally, it is possible that you will receive a citation or summons in the mail regarding either a charge of trespassing and/or marijuana possession.  If you receive a delinquency summons, you should consider engaging an attorney to assist you in addressing the matter. I hope this answers your question and I wish you the best of luck.... Read More