I was given a blood test from a new nurse at the hospital for possible dui. I was seated, the officers were across standing over and watching. I remember clearly the vial used for my blood was empty, I remember the nurse was asking the other nurse “hey is this enough” when she was collecting... View More 
answered on Jul 6, 2023
If there are no preservatives, then the alcohol content will multiply over time. So the BAC in the report won't match the BAC of a re-test. Remember you have the right to have the blood re-tested by your own expert. You will want to hire a lawyer for that.
Had a DUI last OCT. Had a wet reckless 9 1/2 yrs ago. Since it's within 10 years, in CA it's considered my second. The CA court says I have to be in a 3 month education/group plan. CA DMV says it has to be 18 months. I drive with a IID device in the car now. If I move from CA to FL how... View More
answered on Apr 30, 2023
Since Florida is part of the interstate compact, they will respect California's requirements for a 2nd DUI. In other words, you will need to complete the SB-38 (18-month program) before you are eligible to get your license back. And the SB-38 must be a California program (not a Florida... View More
What would be the procedure for something like that? Will I be going to jail?
answered on Mar 31, 2023
Normally there is a deadline, not a start date. If you missed your deadline, you may be in violation of probation, and a warrant will eventually go out when the completion deadline has come and passed. With that said, it looks like you are still within 30 days, so there may not be a warrant yet.... View More
answered on Mar 17, 2023
First, your probation may be violated. If so, the Judge from your DUI case can punish you with whatever jail time you were not originally sentenced to (up to 180 days for a first time misdemeanor DUI). With that said, underage drinking is a relatively minor offense, especially if you're very... View More
Or fight DUI they forced a blood test telling me they can get a warrant for it.
answered on Mar 9, 2023
You can file a 1538.5 motion to challenge the stop if there is evidence that it was a yellow and not a red light that you ran (ie. video footage). If you are successful, then nothing after the stop is admissible in court. But realize that if it is just your word versus the cop's, you will... View More
I work full time but with bills I cannot pay outright for representation, can I qualify for legal aid or help?
answered on Feb 9, 2023
You may qualify for a Public Defender. At your arraignment, the Judge will ask you to fill out an asset declaration, among other paperwork, then decide whether you qualify. But remember that PDs are not able to represent you at the DMV Hearing (let alone request a hearing for you within 10 days of... View More
I have 2 misdemeanors and a dui was wondering how far back a live scan goes because I want to become a CNA and they require a live scan before enrollment.
answered on Nov 27, 2023
Live scan will go as far back as when you turned 18. You should have it expunged.
My partner was charged with a misdemeanor DUI with bodily injury (me) in 2021. He was ordered by the court to 3 days in jail, a fine, DUI classes and 1 year license suspension. All of which he completed. When he went to reinstate his driver's license, DMV said he needed to contact the MAU.... View More
answered on Nov 12, 2023
If he had a prior DUI within 10 years of this latest DUI, then IID is required, regardless of what the court ordered. Court will not discuss this with him. This is up to his lawyer (if he had one) to advise him on.
we were just informed they will be charging her (mom) with the DUI and need to schedule an arraignment date. She still can not live on her own as she is not fully recovered (possibly will not ever be the same). We really don't know what to do from here
answered on Jun 26, 2023
You should hire a DUI specialist right away. There are only 10 days to save the driver's license from automatic suspension.
I am also a 4th waiver! I didn’t refuse any testing, it was just never done.
answered on Jun 26, 2023
Yes, you can be charged and convicted. SInce it is a minor misdemeanor, very few police officers will actually take the time to administer FSTs, let alone a breath test. Observations will suffice in most cases.
2nd DUI. 1st was wet reckless 9 1/2 years ago. The court through a plea gave me a 3 month DUI education/group mtg requirement instead of the usual 18 months. Circumstances include I'm older, 69, wife died, financial issues, covid struck. DMV decided it would be 18 months instead. My lawyer... View More
answered on May 24, 2023
Unfortunately, DMV operates independently from court. Because it is your second DUI (the wet counts as a1st), DMV will require the 18-month program. Therefore, if you ever want your license back, the SB-38 is what you will need to attend and complete.
Still suspended. DMV says I need to take the course again. Can you advise? Thank you
answered on Apr 17, 2023
DMV is correct. Since you didn't pay, the course never issued you a proof of completion. Plus, more likely than not, that provider/location doesn't exist anymore. You will need to take the same length course all over again.
Applied for AB 60 license and got approved. Now dmv is requesting proof of that but it’s been more than 10 years and there’s no proof of paper trail? A.A. meeting office no longer available What to do next?
answered on Mar 21, 2023
Your only option with the DMV is to redo the program, from start to finish. Otherwise the DMV will never issue you your license back. As for the court, there must be an outstanding warrant for your arrest. You'll need to have that recalled (by yourself or with the help of an attorney).
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