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DUI / DWI Questions & Answers
2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Minnesota on
Q: is it illegal to be underage and high, even if i have nothing on my person/car/property
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 21, 2022

In law school we learn that there is one answer to every legal question: "It depends." It could be illegal to be underage and high, if that person "drives, operates, or is in control of any type of motor vehicle" in Minnesota. To pick another random example, in Minnesota an... Read more »

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1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: Likelihood of jail or prison time with meth charge and extensive criminal history in another state?

My brother has an extensive drug history and a history of not appearing in court in FL. He’s also has two bench warrants from Florida that he wasn’t aware of.

He was arrested in Cadillac on 9/16 for meth possession, DWI, and being in possession of a loaded firearm (the firearm was mine,... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 19, 2022

Avoid incarceration? Unlikely. The biggest risk factors are his loose ties to the community and his history of failure to appears. I know people change, but judges see that and think "this guy can't be trusted to be out in the community to do the right thing if he can't even show up to court".

1 Answer | Asked in DUI / DWI for Arizona on
Q: Can I be charged a felony on a charge that city convicted me on dui 1 other?

I was charged dui 1 both times, I've been working on that part of my charges, can I also be charged seperately though prosecuted for a felony for that same arrest. It was dui other both times, and same sentence for both. Now fearful of felony

charge on the same arrest that I'm... Read more »

Steven Scharboneau
Steven Scharboneau
answered on Sep 18, 2022

The answer is it depends. Generally speaking, it isn't uncommon for DUI charges to start off as a misdemeanor and then be referred up to county for felony prosecution. I've seen this happen plenty of times before. It really will depend on the fats of your case and the way they charged it.... Read more »

2 Answers | Asked in DUI / DWI for California on
Q: 3rd dui in Lakewood CA, BAC .34 and minor fender bender. Dose anyone have previous experience of outcome?

Completed a five month IOP and still continue to attend even after completion.

Have been on SCRAM for 5+ months (got on one week after the arrest)

Got a “set aside” (from what I understand that is a win for the DMV hearing)

Have hired a good seasoned DUI lawyer... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 18, 2022

A wet reckless will be treated as a prior DUI, provided it occurred within the last 10 years. You need to hire an attorney to see if the first incident occurred more than 10 years before the most recent DUI, and thereby avoid facing the consequences of a 3rd DUI. Of course, even if it occurred... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: 3rd dui in Lakewood CA, BAC .34 and minor fender bender. Dose anyone have previous experience of outcome?

Completed a five month IOP and still continue to attend even after completion.

Have been on SCRAM for 5+ months (got on one week after the arrest)

Got a “set aside” (from what I understand that is a win for the DMV hearing)

Have hired a good seasoned DUI lawyer... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 17, 2022

the best advice any lawyer on this site can give you is to listen and follow the advice of your current DUI lawyer who hopefully practices often in that court.

that fact that you got a set aside on DMV suggests either a problem with the case OR you have a very good DUI...
Read more »

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1 Answer | Asked in DUI / DWI for Florida on
Q: I have a case in browsed county Florida dui DUI with a minor and dui with damage and injury

Fort Lauderdale

Jonathan Blecher
Jonathan Blecher
answered on Sep 16, 2022

DUI with a Minor + Injury is very serious. The Broward County State Attorney's Office will prosecute the case with vigor. In addition to the criminal penalties, you have only 10 days from the date of arrest to attend to the administrative driver license suspension. You should contact a local... Read more »

1 Answer | Asked in DUI / DWI for Kentucky on
Q: What all is required to get license back after first dui
Timothy Denison
Timothy Denison
answered on Sep 15, 2022

Payment of fines and costs; completion of alcohol education program; 6 month ignition interlock device.

1 Answer | Asked in DUI / DWI for California on
Q: Arrested for DUI on 8/14/22 with a alcohol level higher than .08 Court date is for 9/14/22. DMV hearing is for 11/10/22

I got two papers in the mail, one is the form CCP 1013a, and the other one is what I'm confused about. It states "Notice of Decision", "Results of the Proceedings" indicating the two criminal charges I have are "I dismissed. Reason: Correction" It also has... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 15, 2022

Not sure what your question is regarding, however, if you have a DUI, you speak with a local attorney to represent you in court and before the DMV. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should... Read more »

2 Answers | Asked in DUI / DWI for California on
Q: My nephew age 20 got a DUI last weekend after he got into an accident. He had been drinking but he was told to do field

Sobriety test with what we later discovered after going to the hospital he had a broken neck and broken discs in his back

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Sep 13, 2022

You should definitely talk to a DUI defense attorney, there are issues here to investigate. Obviously any coordination test performances will be affected by the injuries suffered by your son in the accident. Depending on the timing (and type) of the chemical test, hospital treatment can also... Read more »

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1 Answer | Asked in DUI / DWI for Michigan on
Q: Do I need a lawyer to get my discovery packet in the state of Michigan?
Brent T. Geers
Brent T. Geers
answered on Sep 12, 2022

Yes. But you should know there is no such thing as a "discovery packet". That is a phrase jailhouse lawyers use all the time, and get frustrated when told there is no such thing. "Discovery" is nothing more than facts or evidence the prosecution relies on for trial. In many... Read more »

1 Answer | Asked in DUI / DWI for Maryland on
Q: My son has a virtual hearing for DWI in New Jersey. Is this a trial date? Or a preliminary hearing? Will he need a law

Will he need a lawyer for this hearing?

Scott Scherr
Scott Scherr
answered on Sep 12, 2022

You will need to ask a New Jersey attorney this question. Repost your question to New Jersey attorneys by listing the location as New Jersey.

2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: I would like to know how I'm able to get a pro Bono lawyer for a tricky case.

The case holds no evidence other then verbal, was not notified of bench warrant and fines have been paid. I'm a single mother who would love some assistance or anything at this point.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 10, 2022

This likely belongs in the criminal law section instead of products liability. You can usually get a free attorney (public defender) for free if you cannot afford an attorney. There are also some self-help programs at the courts.

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1 Answer | Asked in Criminal Law, DUI / DWI and Civil Rights for Idaho on
Q: If you pass the field sobriety and breath tests can an officer push for a forced draw?

blew 0.00 and was still given a forced draw, then charged and brought before a judge with our the results from the lab.

Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

There are 2 sanctioned ways the State can prosecute a DUI. The definition of Driving Under the Influence, is when a driver is seated in the driver's seat with the motor running, and "under the influence" of an intoxicant.

Idaho also as adopted a .08 level of alcohol so as...
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1 Answer | Asked in DUI / DWI for Louisiana on
Q: If on supervised probation for 6 months for first dui conviction can I relocate to a different state while on probatio?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 8, 2022

If you are on supervised probation, then you cannot relocate without permission of either your probation officer or the presiding Judge until your probation is completed. That said, most probation officers and/or the Court will give permission to relocate as long as there's good cause.

1 Answer | Asked in DUI / DWI, Family Law and Car Accidents for New York on
Q: Can CPS tell you not to be alone with your kids before you're proven guilty of a charge?

My fiance got in a car accident due to the wheel guard falling off and catching under the tire and yanking him off the road on8/25,our daughter was in the car also. He had an energy drink 10 min before and blew a 0.1. This caused him to get an aggravated dwi charge and appearance to court date. CPS... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 5, 2022

Yes they can

1 Answer | Asked in Civil Rights, Constitutional Law, DUI / DWI and Traffic Tickets for South Carolina on
Q: How long can the police hold a fire arm that was confiscated out my vehicle

I got pulled over and was charged with the DUI a few months ago and I allowed the officer to search my vehicle and I told him where my firearm was they took it and the next day when I was released from the jail they didn't give it back how long are they allowed to keep it before I can have it back

James Thomas
James Thomas
answered on Sep 3, 2022

If the firearm is evidence in the case for some reason (it doesn't sound like it, but for example, someone might also be charged with unlawful carry in addition to DUI), then they'll hang on to it for at least as long as the case stays pending in court. But if not, then they should be... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Got a Dui 1st 11 yrs ago, Dui 1st 3 yrs ago, and had another dui this year.Will I be charged with 2nd or 3rd offense?

All 3 took place in TN. The District attorney offered minimum sentence on DUI 3. MY lawyer didn't agree and post poned my court date.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 1, 2022

Almost certainly a #3rd Offense. Talk to your lawyer that represents you. You might get 30 to 60 days less incarceration with a pled 2nd and more than the minimum. Or you might try it and take a chance on serving 6 months or more. With a 2nd, it is a 2 year TNDL revocation.

1 Answer | Asked in DUI / DWI for Massachusetts on
Q: Does the Melanies Law Regarding having a mandatory breath Alyzer installed in vehicle for 2 years apply only in mass?

My finance got arrested 25 years ago for 2nd DUi and his license was suspended. He has not had a license or license infraction or drove in over 25 years and would like to get it back. He wants to know can he legally get his license in other states ( does the Melanies Law apply only in the state of... Read more »

Kris  Patria
Kris Patria
answered on Aug 31, 2022

Assuming that your fiancé was convicted of 2nd offense OUI in Massachusetts 25 years ago, he may be eligible to reinstate his driving privileges in Massachusetts, providing that he has fully complied with all relevant obligations resulting from his conviction, including fines and fees. With... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: Is it true that you can have a DWI dismissed if charges are brought against you 18 months or longer after the stop

I was pulled over Jan of 2020 and they are just now charging me. I was told that it could get dismissed on prejudice if charges are brought 18 months after even though the statue is 6 years

Brent T. Geers
Brent T. Geers
answered on Aug 30, 2022

As with most matters of the law and public opinion, there is a bit of truth in what you were told. The 18 months probably refers to the timeline for what people commonly call speedy trial (there is a statutory 6 month timeframe that applies in rare circumstances, then there is the 18 month... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: What’s my best route to take having gotten a dui 40-6-391(a)(1-5) …

Officer did not notify me that refusal to blood work would be sumisión of service report and notice of license suspension … he also stated on paper work that I was unable to sign a document when he never asked me to sign any paper work which I would have cooperated and signed … I passed my... Read more »

Anthony Kozycki
Anthony Kozycki
answered on Aug 29, 2022

The arresting officer is required to provide you very specific advisements of your rights surrounding their request for a blood sample. If the officer failed to provide you correct notice, that would potentially invalidate a significant portion of the evidence against you. I would suggest reaching... Read more »

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