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California DUI / DWI Questions & Answers
Q: Can I ask a judge in California to quash a DUI warrant from 2020?
I got a DUI on January 25, 2020, just before COVID-19 hit. My court date was postponed, and while starting a new job, I forgot about it. I recently found out there is a warrant for my arrest since November 4, 2025, as the case was a misdemeanor. I've since called the court twice to check on... View More 
Dan Moseley
answered on Nov 5, 2025
answered on Nov 5, 2025
The first step for you, or your attorney, is to contact the court clerk and ask that your case be put on the court's calendar for the matter to be heard on a particular date. On that date, you and/or your attorney will appear in court, ask that the warrant be discharged, and offer a good... View More
Q: Will a first-time DUI and drug charge lead to jail time in California?
I am facing a first-time DUI and drug charge in California. I have never been stopped by the police before this incident. After crashing into a parked vehicle, THC was found in my urine and blood tests taken by police. Given these circumstances, am I likely to face jail time for these charges?
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James L. Arrasmith
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answered on Oct 31, 2025
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answered on Oct 31, 2025
In California, a first-time DUI involving drugs such as THC is typically treated as a misdemeanor, especially if no one was injured. However, since your case involves a crash—even with only property damage—the court may take it more seriously. For a first-time DUI, penalties usually include... View More
Q: How much does it cost to obtain video evidence from a gas station for a DUI defense?
I was arrested for a DUI in California, but there's video footage from a Chevron gas station that shows someone else was driving. I need this video to help prove my innocence in court. Can you provide a ballpark estimate of how much it might cost to obtain the video? The arrest occurred... View More
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James L. Arrasmith
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answered on Oct 29, 2025
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answered on Oct 29, 2025
It’s difficult to give you an exact number for how much it will cost to get the surveillance video from the gas station, but I can walk you through a ball-park and things you’ll want to keep in mind.
First, if you approach the business (your typical convenience store / fuel station) and... View More
Q: Will expunged DUI convictions affect DOJ live scan clearance for employment?
I have four DUI convictions from the 1980s and 1994, which have been expunged through the courts. Since 1994, I've had no convictions, have maintained sobriety for 25 years, and my driving record is clean. I've also earned three degrees. I'm currently pursuing a role working with... View More
Yuliya Kelmansky
answered on Oct 28, 2025
answered on Oct 28, 2025
Even if your DUIs were expunged, they can still show up on a DOJ Live Scan because expungement in California does not erase the record — it updates the disposition to “dismissed under PC §1203.4.”
This doesn’t automatically disqualify you from employment, but it can delay clearance... View More
Q: How can I avoid license suspension and jail for my first DUI in California?
I was charged with my first DUI with a BAC of 0.08 after celebrating a friend's birthday. I performed sobriety tests and a breathalyzer without any accidents. My cousin, who was in the car with me, can serve as a witness. I received a ticket for DUI and swerving. I need to avoid a license... View More
Yuliya Kelmansky
answered on Oct 21, 2025
answered on Oct 21, 2025
For a first DUI at 0.08 BAC, jail is rare, and there are ways to protect your license:
Hire or consult a DUI attorney to challenge the stop or negotiate a wet reckless plea. Install an IID to keep driving even if convicted. Enroll early in a DUI school program (typically a 3-month course)... View More
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Q: Can a judge lower my sentence if my actions didn't cause the death, given the video evidence and past DUI?
I've been facing charges related to a case where there was a fatality, but I've been informed by my public defender that despite the video evidence showing my actions did not cause the death, there is speculation on my guilt partly due to my past DUI record from 11 years ago. I have... View More
Patrick William Steinfeld
answered on Sep 27, 2025
answered on Sep 27, 2025
A judge has discretion in sentencing so yes the court can lower your midterm. However you would need mitigating factors for a lower term. A DUI has nothing to do with guilt in a current DUI. Speculation is not enough. There must be probable cause.
Maybe your PD has been dismissive of your... View More
Q: Legal actions after a DUI car accident with injuries and police inaction.
I was involved in a car accident with a driver who was under the influence. Although the police did not arrest him at the scene, I have evidence that he was intoxicated. I've sustained injuries to my legs, left arm, neck, and back. I have an attorney for my injuries, but I haven't... View More
William John Light
answered on Sep 9, 2025
answered on Sep 9, 2025
You want to make sure that everyone gets sued, but you haven't provided all of your evidence to your attorney? Your expectations, and priorities, are out of line. First, arm your attorney with evidence. Second, criminal justice decisions are made by the police (for arrests), and by the... View More
Q: How to address a warrant for a DUI charge that was never filed?
In November, I was arrested in Orange County, CA, for a DUI. I received a court mail to appear for an arraignment in March. When I attended, the clerk informed me that there was no record of my name in their system, and I haven't received any further communication since then. However, I... View More
Yuliya Kelmansky
answered on Sep 10, 2025
answered on Sep 10, 2025
If you discover a warrant related to a DUI arrest in California—even if the court had no record of your arraignment—act promptly. The DA has one year from arrest to file DUI charges, so cases are often filed months later. If the warrant is a bench warrant for failure to appear, it is possible... View More
Q: Can police disable car camera during detention in California?
In a community park, a police officer detained me on suspicion of being under the influence. Before obtaining my ID, the officer disabled my car's camera without any explanation. There were no signs about recording restrictions. I explicitly told the officer not to search my car and mentioned... View More
Yuliya Kelmansky
answered on Sep 19, 2025
answered on Sep 19, 2025
Generally, no. In California, you have the right to record public officials, including police officers, as long as you are not interfering with their duties. Disabling your camera without a lawful justification may raise serious constitutional concerns under the First and Fourth Amendments. While... View More
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Q: Can I sue someone for towing costs and false accusations after being accused of DUI?
I was at Applebee's with my sisters. Since I didn't want to drink and drive, my sister drove me there. Later, my coworker joined us and offered to take me home. Upon arriving at my house, my kids' dad didn't want her inside, which led to a confrontation. She falsely accused him... View More
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James L. Arrasmith
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answered on Aug 28, 2025
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answered on Aug 28, 2025
You can pursue both criminal and civil options in a situation like this. If she took your phone, threw it, and sent threatening messages, that could be reported to law enforcement as theft, harassment, or even intimidation. The false statements she made about assault could also be reported as... View More
Q: How to handle misdemeanor and DUI charges after incident?
I was at Applebee's with my sisters, and I chose not to drive due to drinking. A coworker joined us, and afterward, she insisted on taking me home. However, once at my house, my ex didn't want her inside, which led to her causing a scene. She accused me of hitting her by screaming and... View More
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James L. Arrasmith
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answered on Aug 28, 2025
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answered on Aug 28, 2025
When facing both a DUI and a misdemeanor, your first step is to appear at all court dates and take the charges seriously. These types of offenses can carry consequences such as fines, probation, license suspension, or even jail time. By showing up prepared and respectful, you give yourself a... View More
Q: What are the chances my DUI case will be a DA reject in CA?
I was charged with a DUI without a field test. While being held for an unrelated crime, I was given a blood test. The DMV claims I refused the test, but I agreed to it. Although I skipped court, there's no warrant for my arrest, and I'm asked to show up at my convenience. Given these... View More
Yuliya Kelmansky
answered on Sep 19, 2025
answered on Sep 19, 2025
It’s possible, but not guaranteed. In California, the District Attorney has up to one year from the date of arrest to file misdemeanor DUI charges. If there was no field sobriety test, conflicting information about a blood test, and disputes over whether you actually refused, those factors could... View More
Q: Can I get a continuance for my second DUI case in CA?
I am facing my second DUI charge, and I have my first court appearance on August 11, 2025. I need to know if it's possible to get a continuance to seek legal assistance through a law firm. I haven't had any legal representation yet, and this will be my first time requesting a continuance.... View More
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Thomas M. Fleming
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answered on Aug 9, 2025
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answered on Aug 9, 2025
You still have time to find a lawyer this weekend! If you can't, then you should go to court to ask the court for a continuance for this purpose. Good luck!
Q: Can I apply for a driver's license in CA after a 2005 DUI without completing classes or obtaining SR22?
I'm seeking information regarding a second DUI offense I received in California back in 2005. The offense is twenty years old, and there was no accident involved. I have not completed the required DUI classes or obtained the SR22 form. Can I apply for a driver's license now, or do I still... View More
Robert Kane
answered on Jul 24, 2025
answered on Jul 24, 2025
You will need to contact the DMV to determine what you need to do to get your license back. Requirements do not simply go away because you choose not to get your license back.
Q: Is a writ of mandate an option to resolve a DMV hold after a DUI?
In 2008, my license was suspended due to a DUI in Bakersfield, CA. In 2012, the judge sent an abstract to the DMV confirming my DUI classes were dismissed, and I had satisfied all court requirements. However, the DMV claims they never received the abstract and won't lift the hold on my license... View More
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James L. Arrasmith
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answered on Jul 24, 2025
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answered on Jul 24, 2025
Yes, a writ of mandate could be a viable option if the DMV continues to ignore the court’s confirmation and won’t lift the hold. This legal tool asks the court to compel a government agency, like the DMV, to perform a duty it is legally required to do. In your case, that duty would be... View More
Q: How to resolve DMV license hold due to missing DUI abstract in CA?
I had my DUI classes dismissed in 2012 in Kern County, and I satisfied all court requirements. The court docket confirms that the court sent the abstract to the DMV. However, the DMV has my license on hold, claiming they never received the abstract and requiring either the abstract or completing... View More
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James L. Arrasmith
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answered on Jul 10, 2025
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answered on Jul 10, 2025
You’re in a frustrating spot, especially since you’ve already completed what the court required. If the docket confirms the abstract was sent, the best first step is to request a certified copy of that abstract or minute order directly from the Kern County court clerk. You can do this by mail... View More
Q: Can I be denied reentry to the U.S. as a green card holder after a DUI?
I am a green card holder who had a DUI incident five years ago, for which I received three years of probation. I've traveled abroad and successfully reentered the U.S. without any issues since then. Is there a possibility of being denied reentry into the U.S. at the border if I travel abroad again?
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James L. Arrasmith
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answered on Jul 8, 2025
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answered on Jul 8, 2025
If you’re a lawful permanent resident and your DUI was a single offense from five years ago with no aggravating factors like injury, child endangerment, or a controlled substance, you’re not likely to be denied reentry based on that alone. U.S. Customs and Border Protection (CBP) may ask... View More
Q: Is there a way to obtain a court recommendation letter for DUI class enrollment without seeing the judge?
I have been charged with reckless driving and was required to complete DUI classes. Due to missing court dates, an arrest warrant was issued. I am now more financially stable and have permanent housing. I want to enroll in the DUI program to present in court proof of enrollment and completion of... View More
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James L. Arrasmith
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answered on Jul 4, 2025
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answered on Jul 4, 2025
There’s no way around it: in most California counties, including Los Angeles, if the court is requiring a referral form or “court order” to enroll in a DUI program, you will need to appear before the judge or work through the clerk’s office to reopen the case. If a bench warrant has been... View More
Q: Can we seek dismissal of DMV's additional requirements due to conflicting communication in a DUI safety class following license suspension?
I am facing an issue with the DMV concerning a DUI case. My daughter was required to attend a safety class following a DUI, which she completed, and subsequently received her new license in March 2024. However, the DMV later claimed that her license was suspended, and she was required to attend... View More
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James L. Arrasmith
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answered on Jul 4, 2025
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answered on Jul 4, 2025
You can contest the Mandatory Actions Unit’s new suspension because due process demands actual notice before the DMV imposes further sanctions. When proper notice is absent, the order is vulnerable under Vehicle Code sections 14100 and 14101.
Order an H-6 driver record and the MAU file so... View More
Q: Can I lower a 23152(a) misdemeanor conviction in CA after 10 years with a lawyer's help?
I was convicted of 23152(a) in 2015 as a misdemeanor. Everything related to my sentence, like probation and fines, has been completed, and no additional legal issues have occurred since the conviction. On the court form, only 23152(a) is marked. Can I use a lawyer's help to work with the... View More
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James L. Arrasmith
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answered on Jun 19, 2025
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answered on Jun 19, 2025
You cannot reduce a 23152(a) conviction to a lesser offense after the fact, regardless of how much time has passed. Negotiating with the District Attorney for a wet-reckless plea must occur before or during your original sentencing and cannot be revisited once probation has ended.
You can,... View More
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