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California DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for California on
Q: What are the current rules about driving while stoned in California now that pot is legal?
Alexander Bakhache Perez
Alexander Bakhache Perez
answered on Aug 30, 2018

You can not drive under the influence, even through buying pot may be legal.

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2 Answers | Asked in Criminal Law, DUI / DWI and Immigration Law for California on
Q: DUI permanent residency card renewal.

I was placed in deportation proceedings 10 years ago but received cancellations of removal. It it time to renew my permanent residency card. I ignorantly was convicted for DUI 6 years ago, has since been expunged.. The fear is I will be placed in removal proceedings again. Looking for a Los Angeles... View More

Dale S. Gribow
Dale S. Gribow
answered on Aug 16, 2018

YOU NEED AN IMMIGRATION LAWYER NOW.

AN EXPUNGEMENT DOES NOT TAKE IT OFF YOUR RECORD. IT IS THERE FOR AUTHORITIES TO FIND IT.

CONTACT ROMBEN AQUINO OF FONG AND AQUINO ...IMMIGRATION AND NATIONALITY LAWYERS........626 663 6956

TELL HIM DALE GRIBOW REFERRED YOU. YOU ALWAYS GET...
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1 Answer | Asked in DUI / DWI for California on
Q: Will I get extradited from another state away by my P.O. if I am in violation of my probation? It was a misdemeanor DUI.

I got a DUI in WA state, I plead guilty and was placed on probation. It was my 1st DUI. My family lives in CA. I moved to CA to get back with my family. My P.O. allowed me to move to CA, they did not transfer my case I just call to keep in touch. I am currently having issues with the outpatient... View More

John Karas
John Karas
answered on Aug 11, 2018

Something will "come out of it" (violation of your probation on your out-of-state DUI probation), just not what you think.

It is highly unlikely that WA would extradite you on a misdemeanor. However, if you fail to complete your outpatient treatment, it will be reported not only...
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1 Answer | Asked in DUI / DWI for California on
Q: I got arrested for dui in july 2016 but my conviction is in july 2017 on what year are the points going to be for?

Because i already have 2 points for tickets in 2016

Dale S. Gribow
Dale S. Gribow
answered on Jul 31, 2018

NEED MORE INFO

HOWEVER, YOU ARE INNOCENT UNTIL PROVEN GUILTY.......SO 2017 SHOULD BE THE CONTROLLING DATE

2 Answers | Asked in DUI / DWI for California on
Q: I was told when u have one dui in California that u can’t have ANYTHING in your system for 10 yrs or it counts as dui#2?

My friend & I are debating if when u have a prior dui how long u have to drive with a .00 bac to have it not count as a 2nd dui in California. We both have 2. He says he was told by a cop that as long as u finish dmv classes u can drive w/ under a .08. I was told that since we have priors that... View More

Dale S. Gribow
Dale S. Gribow
answered on Jul 26, 2018

A DUI is priorable for 10 years but you are on summary probation for 3 years.

When you plead the Sentencing Memo says: "Do not drive with any measurable amount of alcohol or drugs in your blood or within 6 hours of consuming any alcohol or drugs"

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2 Answers | Asked in DUI / DWI for California on
Q: In the State of California, I was convicted of a DUI in 2006, a second DUI in 2012. Has the 2006 DUI fallen off?

I was recently ticketed for a 3rd DUI in April of 2018 although I've not been charged as of July 2018. My questions are: Will the 2006 conviction appear making this a 3rd DUI or will it be dropped off making the April 2018 incident a 2nd DUI? Because the first two, 2006 and 2012 were 6... View More

Dale S. Gribow
Dale S. Gribow
answered on Jul 26, 2018

more info needed

a dui is priorable for 10 years.....they never drop off. A dui is always on your record but is just not priorable. Even if you have an expungement of a dui it is still on your record for law enforcement to find.

the 2016 dui falls outside of the 10 yr perior with...
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2 Answers | Asked in DUI / DWI for California on
Q: What are my possible penalties for first dui?

My charges are vc23152(a) driving under the influence of alcohol vc23572(a) cbc spec/allege-minor passenger vc23152(b) driving under the influe over .08 BAC. There was a car in front of me and had a blinker on turning left, so I went around and passed. Cop stopped me because the car could of turned... View More

Dale S. Gribow
Dale S. Gribow
answered on Jul 23, 2018

need more info

if you send me your email i will send you info on ABC's of a DUI.

i write a weekly legal column for local paper on DUI's and i put several weeks articles into one handout.....................dale gribow: dale@dalegribowlaw.com; 760 837 7500

the DA...
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3 Answers | Asked in DUI / DWI for California on
Q: What is the maximum time for the first dui with two gbi. Never been in trouble ever

21 yrs old worked and went to school to become a RN

Alexander Bakhache Perez
Alexander Bakhache Perez
answered on Jul 14, 2018

Sounds like there was an accident, It would depend if the DA files the case as a Felony or not to determine max time.

You can consult with an attorney for free to go over a little for info in your case of what happened. BAC level, Bail Amount, Accident, Injuries ect....

Feel free to...
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1 Answer | Asked in DUI / DWI for California on
Q: Being charged with DUI with BAC of % 0.00 but a positive urine for THC.

My tox screening came back negative for everything but THC but on all the lab reports in the gender area its marked male and i am a female. Since males & females metabolize different with muscle weight ratios etc. Could this or should this mistake made by the person filling out these important... View More

Dale S. Gribow
Dale S. Gribow
answered on Jul 2, 2018

MORE INFO NEEDED.

ODDS ARE THE OFFICER JUST CHECKED OFF THE WRONG BOX..............BUT YOUR LAWYER NEEDS TO LOOK INTO YOUR CONCERNS.

I AM SURPRISE SINCE CALIF NO LONGER USES URINE SINCE IT IS INACCURATE.

IT IS BLOOD OR BREATH nowadays.

IF NO SMELL OF ALCOHOL THEN...
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2 Answers | Asked in Criminal Law, DUI / DWI and Immigration Law for California on
Q: Will my husband immigration spousal application be denied if he never attend to a alcohol program after dui?

He was never given any information about where to call to attend in court and he got his license in 2015. When he leaves to Juarez for his interview will they dig this up and deny his petition? He has no other arrest than a dui in 2009. He completed work release and court probation.

Dale S. Gribow
Dale S. Gribow
answered on Jun 27, 2018

much more info needed.

however, if he did not do anything that was ordered then there would be an outstanding BENCH WARRANT for his arrest......and that will come up.

I am not an immigration lawyer and you need to consult with one.

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1 Answer | Asked in DUI / DWI and Immigration Law for California on
Q: I was convicted of a misdemeanor DUI in Arizona five years ago. I'm planning to apply for a resident visa in Sweden

How will this affect the application, and can a set aside judgment help. I've also not had so much as a parking ticket since and all requirements were met from the conviction.

Carl Shusterman
Carl Shusterman
answered on Jun 19, 2018

Justia is for US law. You need to talk with a Swedish immigration attorney.

1 Answer | Asked in DUI / DWI for California on
Q: Im a prmnt. resident and was convicted of a DUI. Would I have any issues with customs if traveling and wanting to renter

My conviction was for a misdemeanor DUI in 2016 and my probation restriction is not to drive under the influence.I do not have any traveling restrictions. Would I have any issues with US customs when attempting to re-enter because of my DUI conviction. I do not have any warrants or anything of that... View More

Dale S. Gribow
Dale S. Gribow
answered on Jun 6, 2018

no, as long as you complied with all the conditions of probation and do not have a warrant out for your arrest.

3 Answers | Asked in DUI / DWI for California on
Q: I’m 19 and was charged with DUI. Is it possible to get the charges lowered or maybe dropped in court?
Andy Chen
Andy Chen
answered on Jun 3, 2018

There is no general answer to this question. Everyone in your position wants their charges lowered or dropped, but the district attorney doesn't just do that because the defendant wants it. Whether the DA does will depend on the facts of your case.

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1 Answer | Asked in DUI / DWI for California on
Q: 2nd offense DUI, surprise new lawyer! Help!

I represented myself, because I knew I was guilty. Sentenced 190 days, did 3. After jail I asked the first judge to be transferred to NC because that is where my family is. He instructed me to find a program in NC equal to a CA 18 month dui program and during the next check-up he would rule if it... View More

Dale S. Gribow
Dale S. Gribow
answered on Jun 1, 2018

need more info

you should ask these questions of the lawyer who was representing you.

s/he could represent to the judge as an officer of the court what happened.

Judges do get transferred/retired/rotated etc

1 Answer | Asked in DUI / DWI for California on
Q: Do i need legal counsel for my hearing at the Dept of Drivers Safety when no reason was given/recorded for taking my DL?

I was arrested for a DWI (in San Mateo County CA) and the police officer reported me to the Department of Drivers Safety but did not give any reason for reporting me. I did not have a lapse of consciousness or medical issues, however i learned that my license was suspended when i went to renew it... View More

Dale S. Gribow
Dale S. Gribow
answered on May 31, 2018

more info needed.

However, if I were you I would have a lawyer because if you lose you may not get another chance to contest this.

your lawyer might be able to get it dismissed for lack of due process.

1 Answer | Asked in DUI / DWI for California on
Q: So about a year ago I got a DUI, driving to fast while 0.8 alcohol level. Haven’t been able to do my DUI classes.

Haven’t been able to do my dui classes due to the fact it conflicts with my schooling schedule! About a month ago I got pulled over, mom was out of town & had no way around. The officer let me off with a ticket after I acknowledge and told him I had a suspended listens due to a DUI last year.... View More

Dale S. Gribow
Dale S. Gribow
answered on May 23, 2018

FAILURE TO COMPLY WITH ANY CONDITION OF SENTENCING RESULTS IN A BENCH WARRANT BEING ISSUED.

YOU SHOULD CONTACT THE LAWYER WHO REPRESENTED YOU TO TRY TO APPEAR IN COURT WITH YOU.

YOU WILL EXPLAIN YOUR SIDE OF THE STORY TO THE COURT.

YOU ARE NOT THE FIRST STUDENT TO GET A DUI...
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1 Answer | Asked in DUI / DWI for California on
Q: How can you get a judge to set a bail amount without going to court? or being moved from county to county?

Typically how long does they original county have to pick up person from another county? and is there any way to fight the transfer?

Dale S. Gribow
Dale S. Gribow
answered on May 16, 2018

More information is needed to fully understand the facts and to give an accurate answer

However, you are always best advised to retain a lawyer in case you are charged or arrested. It's also important to not talk about this case to anyone except your attorney. Please remember anything...
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2 Answers | Asked in DUI / DWI for California on
Q: How many days will I be held in custody?

I was transferred from another county jail where I was charged with child endangerment, I had a couple court dates assigned but did not show do to transportation. I had court the very next day after being transferred. but the judge did not mention how many days I will be serving in jail.

Dmitry Gorin
PREMIUM
Dmitry Gorin
answered on May 5, 2018

Can't make an accurate online prediction without more information on how long as it will depend on a variety of factors. Speak with your public defender who will be more familiar wit the details of your case. Good luck.

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1 Answer | Asked in DUI / DWI for California on
Q: Do I need an IID installed on my car although it was not on the court ticket? The DMV nearby (Weho) told me I do.

I got my DUI in Santa Clarita and was not required to have an IID on my court doc but the DMV nearby said that it is a requirement.

Thanks for your help!

Dale S. Gribow
Dale S. Gribow
answered on May 2, 2018

need more info

priors? high reading? accident? serious injury? etc

IID is NOT put on tix.

you need to talk to the lawyer who represented you as s/he knows all the facts

1 Answer | Asked in DUI / DWI for California on
Q: How many years will a DUI remain on my record in Bakersfield?
Dale S. Gribow
Dale S. Gribow
answered on May 2, 2018

it is always on your record and is priorable for 10 years

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