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DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Maryland on
Q: Is DWI in Maryland a criminal offense in addition to being a traffic violation?
Mark Oakley
Mark Oakley answered on Aug 4, 2021

All traffic violations that carry the possibility of jail are misdemeanors (a few are felonies) and will appear as arrests and their dispositions will be reported in the FBI national criminal database for purposes of criminal background record checks. So, although they are generally prosecuted on a... Read more »

1 Answer | Asked in DUI / DWI for Florida on
Q: What if public defender did nothing at all for my case,case, was not able to see any evidence state has,?

I was not even able to submit evidence,p.d. said to late in the game,when I had been insisting from day one. I was arrested for d.u.i last August 10,2020,still have not been to trial,had nelson hearing,lost,p.d. lied saying I was not able to see evidence due to a technical issue on my part,What,?... Read more »

Kevin John Mawn
Kevin John Mawn answered on Aug 4, 2021

Your facts suggest that there may be a problem other than your representation. Since you have not been to trial, you are still able to submit evidence at your trial. The fact that you were denied relief by the court indicates the PD was not ineffective as you were suggesting. You took the right... Read more »

1 Answer | Asked in DUI / DWI for Alabama on
Q: Can ALEA overide a judges order

I received a DUI almost 10 years ago to the day that I received a second DUI I went before the judge my lawyer said it was best to plead guilty (court appointed) I did. I did everything I was ordered to do no infractions what so ever and had a Interlock device in my car until it was deemed... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 3, 2021

Can you clarify your question? What do you mean by ALEA overriding the judges order? Are you referring to them removing a restriction from your license or have they indicated they believe you still require a interlock device regardless of the judges order?

If the judges order for use of the...
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1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Alabama on
Q: My car was impounded in a residential parking lot parked, and the person that was sitting in the car was arrested.

He was “ high” and the keys was in reach of the person sitting. So they impounded my vehicle because he sitting in it this is in Tuscumbia, Alabama

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 3, 2021

I am not sure exactly what your question is, if you reply and clarify I would be glad to answer. I assume your question is about how to get your car back. If you know which law enforcement agency impounded the vehicle you can call and see if they will give you release instructions. If you do not... Read more »

2 Answers | Asked in DUI / DWI for Illinois on
Q: State of Illinois sends letter to get breathalyzer and work exempt do I do it or let lawyer handle it

For dui case state says I have 14 days to respond to get a blow machine and get a work permit I don’t have court for 2 more weeks or ignore the letters and let my lawyer take care of it just don’t want to hurt myself

Dan Nold
Dan Nold answered on Aug 2, 2021

You should be asking your lawyer this question. I usually advise people to send in the application and then review the evidence before paying for the device. But every case is different. You should really hire a lawyer if you have a pending DUI charge.

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1 Answer | Asked in DUI / DWI, Employment Law, Estate Planning and Real Estate Law for Virginia on
Q: What comes out in discovery during a lawsuit?
Richard Sternberg
Richard Sternberg answered on Aug 1, 2021

The answers to the interrogatories asked, the documents subject to a document request, the admissions that the parties make in response to requests, the oral answers to depositions of parties and witnesses, and the documents and things that are sought to be examined. What those things are is... Read more »

2 Answers | Asked in DUI / DWI for California on
Q: Question for attorneys who practice DUI defense, and direct mail recent arrestees. How do you receive lists of arrests?

I'm concerned about privacy issues, and so on. Are daily lists typically available from the court web site, or do you use a service to collect daily arrest info?

Dale S. Gribow
Dale S. Gribow answered on Jul 30, 2021



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2 Answers | Asked in DUI / DWI for Tennessee on
Q: I was arrested under suspicion of DUI while sitting in the back seat of my car at a hotel. What can be done to help me?

No field sobriety tests, or breathalyzer was taken

Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2021

Hire a competent attorney now. TN has always held if you are capable of driving, whether you physically are or not, then DUI can be charged. If you had any intoxicants in your system, then what you did was a crime. But the State still has to prove it and without a chemical test, it will be a... Read more »

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2 Answers | Asked in DUI / DWI for Kansas on
Q: Can you be arrested weeks after refusing any testing for Dui in Kansas?

My friend wrecked her car and was taken to hospital by ambulance. Officer came to the hospital to test her for alcohol and she refused. He made sure she understood about losing license and gave her the pink paper He never wrote her a ticket or put her under arrest now she’s hearing she’s going... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jul 28, 2021

Yes---perhaps the law enforcement officer's investigation is only just concluding so until he concludes it, he is not in position to issue a ticket. Please remember, a ticket is only an accusation and the prosecutor would still have to prove beyond a reasonable doubt each and every element... Read more »

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1 Answer | Asked in Criminal Law and DUI / DWI for Kentucky on
Q: Is two years and one month a harsh sentence for a dui, criminal mischief, wanton endangerment, fleeing and evading?

I went to rehab and haven’t been in trouble since it happened almost 2 years ago. This is a first offense. I already took a plea deal but feel that my lawyer did not do his job correctly.

Timothy Denison
Timothy Denison answered on Jul 27, 2021

One would have to review the case file and the specific facts to properly answer this question.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Indicted on first offense drug charge meth Less than 2g and DUI What will they sentence me 60 rehab completed court

Sixty days rehab completed court order

Timothy Denison
Timothy Denison answered on Jul 27, 2021

What is your question?

2 Answers | Asked in DUI / DWI for California on
Q: What sentence will be put upon me for a plea deal for vehicular homicide while also the 3rd dui in 10 yrs ?
Alison Lee Bermant
Alison Lee Bermant answered on Jul 26, 2021

It generally depends on the jurisdiction what the ultimate outcome will be, but it also depends on whether you are charged with gross vehicular manslaughter (which is a 10 year maximum sentence) or regular (which is a 4 year maximum sentence).

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1 Answer | Asked in DUI / DWI for Texas on
Q: I'm currently serving a 10 year probation for a 3rd DWI offense in Houston, TX. I've been offered a job in McAllen, TX

And based on my current situation if I were to accept the job offer would I be able to move to McAllen? Or do I have to remain in Houston until I complete my probation?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 26, 2021

Yes, supervision of your probation will be transferred to the new county of residence.

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Texas on
Q: our lawyer said could only was revoke BF;s bond all his missed court dates due to not being released we dont understand

I don't know the specifics of the cases what I do know is that IN 2019 my boyfriend was charged with a thc vs in Freestone County He was given the option 8 years probation or 10 years, He failed a UA in 2020 for weed and was arrested for a revocation, HIs lawyer bonded him out and came back... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 26, 2021

Criminal defense attorneys are not technically required to talk to anyone but the defendant. Cheap or court-appointed attorneys are often too busy to talk to the defendant's loved ones. You could hire a better attorney to replace the existing attorney and perhaps get better customer service... Read more »

1 Answer | Asked in DUI / DWI and Civil Rights for Pennsylvania on
Q: I was wondering if you could get charged for refusing a blood test if you are not placed under arrest

What i am not understanding though, is when I asked the cop if he had a warrant for the blood test he reply was "I could get one but I don't feel like it" How can I be charged with something when I was not even placed under arrest? Also, when he said that he didn't feel like getting a warrant

Ellis B. Klein
Ellis B. Klein answered on Jul 24, 2021

You are definitely going to get charged. When you refuse the test there is an assumption that you were under the influence and you will be charged under the general impairment section of the DUI law. Additionally because he did not take the test the law says that your license will be suspended for... Read more »

2 Answers | Asked in DUI / DWI and Family Law for New York on
Q: My granddaughter’s father was issued a restricted drivers license for a DUI & he is telling me that he can drive w baby

He is having a breathalyzer installed for work & back but said he can drive my 10 week old granddaughter in his car. The baby lives at my home & not with him. I have a working vehicle to take the baby where she needs to go.

Howard E. Knispel
Howard E. Knispel answered on Jul 23, 2021

If his restrictions are to work and back, that is it. He can not drive anywhere else without violating the law.

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2 Answers | Asked in DUI / DWI for California on
Q: I was arrested for a DUI in California on July 4th and DMV is still not showing my arrest/suspension.

On the morning of July 4th, I was pulled over and arrested for a DUI (BAC approx. 0.1, also took blood as well). I was released without a jail stay, but was still given a court date and an APS slip, and was told to contact the DMV regarding the details. I forewent a hearing and instead started... Read more »

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Jul 21, 2021

First, you are not in suspension based on the arrest. Your DUI Suspension begins on the 31st day after the arrest so your legal to drive. It will show up when it goes into suspension. If you want an immediate restriction, and this is a first, get the IID installed, sign up for the alcohol education... Read more »

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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Illinois on
Q: Last July I missed a DUI-cannabis court date. Now my case status says bench warrant. How do I tackle this?
Dan Nold
Dan Nold answered on Jul 20, 2021

You need to hire an attorney and get a motion to quash on file. Depending on how long ago the warrant was issued, you may currently have a revoked drivers license. Your attorney can help clear that up through this process as well. Then you need to defend or resolve the DUI.

2 Answers | Asked in DUI / DWI, Traffic Tickets and Cannabis & Marijuana Law for Illinois on
Q: I got pulled over for DUI cannabis along with 5 traffic tickets. 4 Months later, I missed courts. I have now 6 warrants.

11 months later, I got into a car accident. Officer gave m a revoked license ticket and a traffic ticket. I know I shouldn’t been driving. How do I go about with the old and new traffic violations. I wasn’t arrested by the officer just An I bond.

John S. Fotopoulos
John S. Fotopoulos answered on Jul 19, 2021

These are serious charges. You should retain the assistance of an attorney as soon as possible.

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1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Texas on
Q: How do you get someone involuntarily committed for substance abuse in Texas?
Grant St Julian III
Grant St Julian III answered on Jul 7, 2021

If you believe this person is a danger to himself/herself or others, you can request an involuntary mental health commitment. This process cannot adequately explained in this forum. Call an attorney in your area. Good luck.

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