Get free answers to your DUI / DWI legal questions from lawyers in your area.
In California, I am a defendant in a misdemeanor DUI case and have a private attorney. I was advised by a free advice attorney that the prosecution is looking for evidence to support my claim. I wish to speak directly with the prosecutor to bargain with evidence that they aren't aware of. My... View More 
answered on Apr 28, 2025
To proceed with direct communication, you would need your attorney’s explicit consent. Alternatively, you could choose to waive your right to counsel, but this is a significant step that requires a knowing, voluntary, and intelligent waiver, as mandated by California law (Penal Code Section... View More
I am a defendant in a DUI case currently in pretrial in California. I believe that under AB1228, I do not qualify for the additional terms associated with my OR (Own Recognizance) release, which are based on the concern that I might not appear for future hearings. I'm questioning the legality... View More
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answered on Apr 25, 2025
AB1228, which became effective January 1, 2022, specifically addresses release conditions for persons arrested for probation violations. This law requires that defendants be "released on their own recognizance unless the court finds, by clear and convincing evidence, that the particular... View More
I am unable to register for DUI classes due to financial constraints, and the provider is not offering any payment options. I need to complete these classes to regain my driver's license and go to work. This DUI incident happened 15 years ago. What can I do to enroll in the classes under these... View More
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answered on Apr 21, 2025
Unable to afford DUI classes is a significant challenge, but you have several options to pursue in California. In cases of financial hardship, you cannot be denied participation in a DUI program based solely on your inability to pay. You'll need to provide documentation of your income, and... View More
In my California DUI case, the district attorney asked to speak to the judge privately without informing my lawyer, and the plea was accepted. The outcome was that I have to come personally to the next court date. Why might this have happened, and should I be concerned?
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answered on Apr 18, 2025
In California, the situation you describe involves what's known as an "ex parte communication" between the judge and district attorney. This type of private discussion without your attorney present generally violates California Code of Judicial Ethics Canon 3B(7), which prohibits... View More
I'm involved in a DUI case where my public defender believes there is evidence in my favor. My sister testified that she overheard me saying I wasn't driving before my arrest, and the public defender wants to put her on the stand, possibly against my wishes. The defense attorney, district... View More
answered on Apr 15, 2025
In California, a mistrial may be declared when a fair trial is compromised or legal necessity arises, such as a hung jury or significant procedural error (People v. Dunn, 205 Cal. App. 4th 1086; People v. Kocontes, 86 Cal. App. 5th 787). However, consenting to a continuance, as occurred in your... View More
I am currently facing charges for auto theft in California and was under the influence of drugs and alcohol at the time of the incident. I have never been sentenced under Prop 36 before, but I have numerous alcohol-related convictions and a few for possession of meth. None of my prior charges... View More
answered on Apr 15, 2025
Proposition 36, codified under § 1210.1, offers probation and drug treatment instead of incarceration for nonviolent drug possession offenses. However, eligibility is restricted if you are convicted in the same proceeding of a felony or misdemeanor unrelated to drug use, such as auto theft (§... View More
I was convicted of a DWI in California on April 20, 2024, with the original infraction occurring on December 19, 2023. I am currently on informal probation for three years without specific terms related to new offenses. On February 13, 2025, I was pulled over for speeding, and last week, I received... View More
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answered on Apr 11, 2025
Since you're on informal probation for your DWI, you’re generally required to obey all laws, even if your probation terms don’t mention new offenses specifically. While speeding and red light tickets are traffic infractions, they can still be viewed as violations if a judge believes they... View More
I was convicted of a DWI in California on 4-20-24, with the original infraction on 12-19-23. I have been sentenced to probation, required to attend classes, and pay fines. On February 13, 2025, I was pulled over for speeding, and I also received a red light camera ticket last week. I would like to... View More
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answered on Apr 11, 2025
You're right to be concerned, because while speeding and red light tickets aren’t alcohol-related, they can still affect your DWI probation in California. Probation terms often include obeying all laws, and even minor traffic infractions can technically count as violations. That said, courts... View More
I'm currently on felony probation in Sonoma County, CA, for domestic violence and DUI charges. I have a separate court case in Lake County, CA, where I am being offered a plea deal for a two-year sentence for auto theft. I would prefer to serve time in state prison rather than county jail.... View More
answered on Apr 4, 2025
Your current felony probation status in Sonoma County for domestic violence and DUI charges does impact your sentencing eligibility in your Lake County auto theft case, where you’re offered a two-year plea deal and prefer state prison over county jail. Under California Penal Code § 1203, if the... View More
I used to have DACA, which expired on May 18, 2024. Since then, I received a DUI and I am currently completing my DUI classes. My wife is a U.S. citizen and she hasn't taken any steps yet, but I would like to know if, given my current situation, she can apply for a green card for me. I have no... View More
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answered on Apr 4, 2025
Yes, your U.S. citizen wife may still be able to petition for a green card for you, but your situation is more complicated due to the expired DACA status and DUI conviction. The first step would be for her to file an I-130 petition to establish the marriage-based relationship. However, because... View More
I have a DMV hearing on April 24th, 2025, and a court date on May 23rd, 2025, related to my first DUI offense. I am interested in exploring options for a deferred entry or alternative sentencing. However, I am having difficulties finding legal representation due to my financial constraints, as I... View More
answered on Apr 9, 2025
Under California Penal Code Section 1000.9, deferred entry of judgment may allow dismissal or reduction of charges upon completing a court-approved program, provided the prosecuting attorney deems you eligible. If approved, successful completion could mitigate the long-term impact on your record,... View More
I used to have DACA, but it expired 11 months ago. Since then, I received a DUI and am about to complete my DUI classes. My wife is a U.S. citizen, and I would like to know if she can apply for my green card, considering my current situation.
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answered on Apr 4, 2025
Yes, your U.S. citizen spouse can still petition for you to get a green card, even though your DACA expired and you have a DUI. The fact that you're married to a U.S. citizen opens the door for a family-based immigration process, but your recent immigration and criminal history can affect how... View More
My wife and her mother equally own a mobile home, but we are renting the land it sits on under a 5-year lease ending in June 2026. Recently, my mother-in-law packed up and left without any notice, refusing to pay her share of the rent. She is on probation from a DUI and recently received her full... View More
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answered on Apr 4, 2025
Under California law, when multiple parties sign a lease agreement, they typically share joint and several liability for the entire rent amount, meaning you and your wife are indeed responsible for the full payment despite your mother-in-law's departure. The informal transfer of ownership to... View More
I was charged with a DUI, but I believe I should have been charged with public intoxication instead. My car was parked on private property at my father-in-law's welding shop in Wasco, CA. I wasn't in the car, didn't have the keys, and was standing by the car talking to a friend. I... View More
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answered on Apr 1, 2025
Based on the circumstances you've described, you potentially have several grounds to contest your DUI charge under California law. Vehicle Code Section 23152 requires proof that you were driving a vehicle while under the influence, and the prosecution must establish all elements of this... View More
I am seeking information about a legal case concerning the death of my son, who passed away due to a drunk driving incident on April 8, 2023. His father opened the case, but he hasn't shared any information with me. I want to know how I can get access to all details regarding the case,... View More
answered on Apr 1, 2025
It would be prudent to do as the below attorney suggests and file a case for yourself. You can go to the county court's website and do a name search. Once you find the complaint it should give you all the information you want. The county will either be the county where the accident occured or... View More
In April 2024, I was parked on a rear shoulder when a CHP officer approached me. I admitted to having one beer and a small amount of THC 45 minutes before talking to the officer. I blew a 0.05% BAC, my car was towed, and I was taken to the station where I provided a blood sample for THC testing. I... View More
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answered on Mar 26, 2025
Your upcoming arraignment is just the beginning of the legal process, not the end. At this first court appearance, you'll hear the formal charges against you and be asked to enter a plea of guilty, not guilty, or no contest. Unlike with alcohol DUIs, California doesn't have a legal limit... View More
On March 14, 2024, I was pulled over on a rear shoulder while deciding whether to go home or to my girlfriend's house. I admitted to having 1 beer and some THC 45 minutes before being pulled over, and I blew a 0.05% on the breathalyzer. My car was towed, and I was taken to the station for... View More
answered on Apr 9, 2025
At your arraignment, the court will formally present the charges against you, provide the accusatory pleading, and ask for your plea—guilty, not guilty, or no contest. For a misdemeanor DUI under Vehicle Code Section 23152, your presence is typically required unless an attorney appears on your... View More
I was arrested for a DUI in 2023 and officially convicted in June 2024. I am a green card holder and want to apply for U.S. citizenship. I read that I can apply after five years since the DUI completion. Does this period start from the date of arrest in 2023 or from my conviction date in June 2024?... View More
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answered on Mar 20, 2025
The five-year period for applying for U.S. citizenship typically starts from the date of your DUI conviction, not the date of your arrest. Since you were convicted in June 2024, the good moral character requirement would generally extend five years from that date, meaning you would be eligible to... View More
I was arrested approximately six weeks ago for suspicion of DUI in Fresno, CA. During the arrest, the officer claimed I resisted, which I did not, and used excessive force, resulting in a shoulder injury. I have a fracture and a tear, confirmed by X-rays and an MRI, and I am on pain medication.... View More
answered on Mar 14, 2025
A civil lawyer will want the body camera footage. Have your DUI attorney obtain this.
There are attorneys who concentrate on the type of cases. Use the Justia search tool to find an attorney. https://www.justia.com/lawyers
NOTE: Governmental entities, such as cities, require a... View More
I'm applying for a position on a critical response team that involves potentially driving others in my own car with my own insurance. I had a DUI misdemeanor 10 years ago, and my DMV record is currently clear. I am about to undergo a live scan for a background check. Should I proactively... View More
answered on Mar 5, 2025
Yes. If you are asked about prior convictions, do not lie, unless they have been dismissed. Whether or not the employer can use that information will depend on many factors. Good luck to you.
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