DUI and DWI Legal Questions

Florida criminal/DUI statutes do not require this type of notification. However, driving a company vehicle with a DUI revocation has insurance implications for your employer. So, when the company insurance carrier runs your record and sees the DUI conviction/revocation, they will definitely notify your employer. Additionally, if you are required to have an ignition interlock device installed as a sentencing condition, it would apply to a company car unless you obtain an exemption. It could effect your employment opportunites down the road, too.... Read More

Great question.  Though the answer is case specific, I can give some general info.  Feel free to contact me to discuss specific strategies for your case. The first question is whether police gave you a ticket at the time and place of the incident.  Failure to comply with MA "no-fix" laws can lead to dismissal. Next, what was the basis for the stop?  The grounds for the stop, and the reasonableness of the ensuing investigation, are important considerations in any criminal case.  Errors can lead to dismissal. Where your case involves meds, I should point out that these cases can be tough for the prosecutor to put together correctly.  Testimony that you were impaired by meds may require expert testimony to explain how the meds affected your ability to drive a car safely.  The government frequently overlooks this requirement, leaving it with little evidence to support a conviction. Does the case involve alcohol too? If you took the breathalyzer, we will check whether the test was valid.  Police may have needed a warrant prior to this test.  Errors here can lead to exclusion of your breathalyzer. You may also consider a trial. A not guilty verdict will constitute no obstacle to your plans to become a nurse.  OUI is a relatable offense to which jurors tend to give the benefit of the doubt.  A competent attorney will help you weigh the risks associated with trial, and aid you in determining whether trial might be the best choice for you. If trial is not advisable, there are methods of resolving your case which can result in dismissal, even if you are responsible for the crimes charged.  MA law allows a person to take responsibility, following which the court can continue the case without finding you guilty.  If you comply with the terms of probation, your case will be dismissed. One more thing to consider - depending on the manner in which your case is resolved, there are procedures in place that can allow for sealing or even expungement of your criminal record.  A properly sealed or expunged record will return a criminal record check result of "no record found." In the end, every case is different, but the short answer is, yes: there are plenty of opportunities to get your case dismissed. The key is to get the best help possible to increase your chances for such a favorable outcome.  I worked as a prosecutor for eight years, following which I opened my own defense firm in 2006.  With over 22 years dedicated exclusively to criminal law, I can help you put this case in your past with the least amount of risk possible, and with the smallest footprint on your future possible. There's a ton of useful info on my website - www.erkanlaw.com.  If you want to chat, give us a call at (978) 474-0054. Good luck!... Read More

Based on that it is possible, if the case is handled well, that the prosecution cannot use the blood test results at trial and possibly the DMV can't use them (so your license would not be revoked). One could argue that you have been precluded from having the results for your defense - and that could help.  However, the remaining evidence of the officers observations of you, etc. likely could still be used against you.  I am hoping you have hired a lawyer with lots of experience in DUI cases. ... Read More

If you have been permanently revoked or otherwise cannot legally drive due to DWI suspension, there may be options available for restoration that involve a formal hearing with the NCDMV – North Carolina Department of Transporation / Division of Motor Vehicles. Assuming DMV authorizes a hearing to determine whether administrative relief is appropriate, there are several important steps to take prior to the actual hearing itself. The application process is somewhat involved, possibly requiring things like: Certification of a prior record in any state where the petitioner has had a driver license Fingerprinting Payment of fees Formal criminal history/record Documentation of Substance Abuse Assessment Proof of compliance with any recommended treatment Proof of installation of Secure Continuous Remote Alcohol Monitoring “SCRAM” or “CAM” ankle bracelet There are also fees associated with an NC Driver’s License Hearing Request.... Read More

You will need to consult with an attorney to determine the merits of your case and how strong of a case the State of Texas has against you.  You also need to have an attorney request an ALR Hearing on your driver's license as this hearing allows a trial lawyer to gather the version of the facts that will most likely be testified to by the police officer(s) that arrested you. You should not discuss your case or do anything on social media about this arrest.  Keep your version of the facts to yourself until you have had the opportunity to discuss this case with a trial lawyer who does criminal law and DWI cases. The date you were arrested is important as there are time limitations regarding your ALR hearing.  I hope this helps you understand the importance of the ALR hearing. A lawyer will want to know the reasonable suspicion to detain you and the probable cause for arresting you.  You should do everything you can to remember exactly what you said to the officer and what was asked of you by the officer. You should also construct a timeline for yourself using your cell phone data in order to help support your version of the events.  And, if you did drink alcohol or take medications prior to your arrest, recall the times, quantity and if you had eaten.  If you have credit card statements for proof of eating, keep them as well as receipts for any alcohol. Hang in there, what seems insurrmountable often is not by a Texas Board Certified Criminal Trial lawyer by the Texas Board of Legal Specialization.... Read More

Long story short, you will need to go to the DMV and get what is called an SR-22 hardship license to allow you to drive while your license is suspended, which depending upon the circumstances of your OWI arrest and the charges will likely be one-year. More specifically, the Dept. of Public Safety and Corrections requires the OMV to suspend a driver’s license if the person is arrested for suspicion of operating a vehicle while intoxicated, when the person driving has a blood alcohol concentration of .08% or greater, or when the person refuses a chemical test upon arrest. This administrative hearing is a separate process from the criminal action for the OWI, proceeds independently, and the outcome of which has no consequence in the criminal prosecution.  What likely happened when you were arrested was the law enforcement officer seized your driver’s license and issued you a temporary paper license. This temporary license allows you the right to operate a motor vehicle for a period not to exceed 30 days from the date of arrest. The temporary should have also provided you with notice that you have 30 days from the date of arrest to make a written request to the DPSC for an administrative hearing. If that time passes and no request is made for the administrative law hearing, the license is suspended and the decision is pretty much final. On the other hand, if the administrative hearing is conducted and the suspension is upheld by the administrative law judge, the only other option to take is to petition the district court to appeal the decision. Both the administrative hearing and the appeal are extremely unlikely to allow you to keep your license as the only showing the state has to make to succeed is that there was probable cause to believe that you were operating a vehicle while intoxicated. Which is a very low bar. The length of the suspension of your license is dependent on a number of factors but typically is one year. All that said, this is not the end. You are still able to drive, but you will be required to go to the DMV and obtain what is called an SR-22 hardship license. This license will allow you to drive, but with restrictions on where you can go. Typically, you can go to work, school, church, the grocery store, but the main restriction is you will not be able to drive to a bar. With a hardship license, the DMV may also require that you install a breath interlock device in order to drive, which can be costly. This decision of the DMV is dependent on whether this is your first OWI, the level of intoxication which you may have been measured at, etc.   If you are in need of an attorney to represent you in your OWI, please feel free to contact my office today at 337-237-0492 for an appointment so that we can discuss your case.... Read More

Highly doubtful.  Did you appeal the license suspension in the time frame allowed?  PennDOT does not care about the criminal case.  They dont really even care if you were DUI.  The license suspension is because you failed to give a chemical test when asked.  They do need to establish the request was lawful, but that is a vety fact specific analysis.     All of that being said.  Talk to a local attorney who handles PennDOT appeals.  They will know how local judges handle these types of things.  Some judges may consider the juries verdict and cut you a break.  But the law is pretty clear that they dont have to.  ... Read More

Blood tests not being available by the first court date is not unusual.  The Court will merely keep resetting the case until the blood test results are provided.  Some courts do not allow you to enter a 'not guilty' plea at the first court date. That is because they have to get your case to a trial within 6 months of when you plead not guilty. That said, if you are in a county that does allow the not guilty plea to be entered at the first court date, then the trial must be within 6 motnhs of that date unless you 'waive speedy trial'.  So it gives you some leverage.... Read More

If the car is being held for investigation, at some point they will notify you (or you could have your lawyer contact them) about getting the car back. At that time they could issue you a summons for DUI or I suppose even arrest you for DUI.  I strongly suggest talking to a lawyer NOW so the case gets off on the right foot from the very beginning.... Read More

So there is a lot of unpackaging to do here.  You had a VOP that you did time for.  That is bad.  You had a child in the car.  That is also bad.  You were on methadone.  Very bad.  So here is the real deal, you are in this pretty deep.  I am hearing at least three or four issues that you need to consult with an attorney for.  The problem is that no one on a website will know enough information to help you.  You have a lot of issues that you need help with.  Consult with a local attorney who knows the prosecutor to get that help.   PS.  Endangering the Welfare of a child has a defenses.  Don't just guess.  Get an attorney... Read More

If it is Oklahoma that revoked your license, you will need to talk with an attorney in Oklahoma. If it is Colorado (where I am), the DMV is completely seperate from the Courts so it will not help to assk the judge about your license - a judge has no authority to return your driver's license.  If the revocation is in Colorado, you need a lawyer to analyze your driving record and determine the procedures to follow for you to be reinstated. It can be a complex process. You can also contact the DMV directly and ask them the reinstatement requirements. ... Read More

In a negotiated plea situation the judge is not bound by the terms of the negotiation.  If the judge choose to not accept the terms of the negotation the Defendant has two options.  They can withdraw the plea and the fact that they pleaded cannot be used against them.  Or they can enter into the plea anyway and attempt to secure either a different deal or leave the sentence up to the judge.  So, can what you describe happen?  Sure.  What happened?  That you would need to speak to the attorney of the person sentenced about.  ... Read More