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California DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for California on
Q: My son got his dui in California, would he be able to do his DMV classes I n Ohio. He's already spent his time in jail.
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 10, 2017

What does the court order say? You may need to ask the judge for permission to do this. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in DUI / DWI for California on
Q: How much time can a female get for violation of probation 1st DUI driving with no license reckless driving
Paul Stanko
Paul Stanko
answered on Oct 1, 2016

It doesn't matter what gender, the court can revoke probation and impose any suspended sentence.

1 Answer | Asked in DUI / DWI for California on
Q: Does Music v. DMV serve as authority about getting DUI dismissed, or just DMV;s role in a conviction?

Anon call to police which stated the caller saw JO move their car. Police showed up at address and found JO on the porch have a smoke. Never having seen JO driving, they arrest JO and do blood sample for BAC. Music holds officer must see movement of the vehicle. However, the opinion is couched as... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 12, 2017

See: http://law.justia.com/cases/california/court-of-appeal/3d/221/841.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,...
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1 Answer | Asked in DUI / DWI for California on
Q: How can bail be reduced? For a DUI case.

My friend was in a car accident. They are charging him with a DUI. He hit 4 vehicles and one person was injured. His alcohol level was low. What may be the outcome of his case? Will he do jail time?

Paul Stanko
Paul Stanko
answered on Sep 21, 2016

You are asking multiple questions, but all of them are fact sensitive, and can only be answered by an attorney familiar with the specific case. Besides that, judges have great latitude in setting, or reducing, bond. Important considerations will include whether your friend is a flight risk.

2 Answers | Asked in DUI / DWI for California on
Q: If I get stopped when I'm stoned, are the charges the same as if I were drunk?
Paul Stanko
Paul Stanko
answered on Sep 23, 2016

The charges may be different, due to the source of your intoxication, but either way, if you drive while intoxicated, you are subject to prosecution.

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1 Answer | Asked in DUI / DWI for California on
Q: Will I go to jail for one DUI?
Andy Chen
Andy Chen
answered on Sep 17, 2016

No way to answer this without the specifics of the case. You'll get arrested and may have to spend some time in jail, but there's no way to know what your ultimate sentence will be without knowing what happened in the case.

1 Answer | Asked in DUI / DWI for California on
Q: Just charged with a DUI. I'm worried about losing my license - how am I going to get back and forth to work?
Paul Stanko
Paul Stanko
answered on Sep 23, 2016

Your first step is to find an attorney who handles DUI cases in the county where you are charged. District Attorneys from county to county have their own policies as to how they treat DUI cases. Likewise, judges from county to county can treat the same facts very differently. This is called the... View More

1 Answer | Asked in DUI / DWI for California on
Q: Dui in IL. Suspension is up. I had a license issued in CA but lost it and got an IL ID card. Is my CA one still valid?

When I check the CA dmv site it says my license is still valid and they sent a paper saying I have a valid license but they don't mail physical licenses. My car is registered to my mom in CA but I don't have a front plate and I'm worried I could get pulled over. I paid my fines and... View More

Paul Stanko
Paul Stanko
answered on Sep 11, 2016

If CA says your license is still valid, and if the IL SOS says your previous license is valid, then get a duplicate CA license.

3 Answers | Asked in DUI / DWI for California on
Q: How many times can I get a DUI without going to jail?
Andy Chen
Andy Chen
answered on Sep 1, 2016

Zero. The cops will arrest you if you are stopped and fail a sobriety test. They are not going to let you drive off if you're intoxicated.

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1 Answer | Asked in DUI / DWI for California on
Q: I got a DUI in California. Can I still drive in another state?
Paul Stanko
Paul Stanko
answered on Sep 11, 2016

That depends on what state issued your license, whether the California court is ordering a suspension, and whether the issuing state is recognizing a California suspension.

2 Answers | Asked in DUI / DWI for California on
Q: Can I get charged for a DUI without a breath test?
Peter N. Munsing
Peter N. Munsing
answered on Aug 21, 2016

Yes. It's tougher for them to prove, but they can do it.Certainly a blood test will see them charge.If you've been charged, get an attorney who handles DUI cases in the court where the citation was issued.

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1 Answer | Asked in DUI / DWI for California on
Q: My husband lost his license because he got a DUI.

Is there any way he can start driving before the end of the suspension date?

Paul Stanko
Paul Stanko
answered on Sep 18, 2016

If his license is suspended, he can't drive legally. He should talk to his lawyer about getting the suspension lifted.

1 Answer | Asked in Appeals / Appellate Law and DUI / DWI for California on
Q: My brother was charged with felony DUI and sentenced to 3 yrs. If he wanted to appeal is there a time limit to file?

There was no damage or such. Thanks

Andy Chen
Andy Chen
answered on Aug 13, 2016

Yes, it's on the order of days, though, (e.g. 30 days), so if more than that has passed, your brother may have missed his window.

1 Answer | Asked in DUI / DWI for California on
Q: What Are My Rights In A DUI Check Point?

Do I Have To Roll Window All The Way Down? Do i have to consent to a breathalizer or any test given by officer?

David Carl Beyersdorf
David Carl Beyersdorf
answered on Dec 16, 2016

You have a right to avoid them. Turn and go a different way.

1 Answer | Asked in DUI / DWI and Immigration Law for California on
Q: Hi, my wife got a dui 4 years ago in Las Vegas ,she went to court like for a year and did everything she was supposed t

On January 2016 she tried to cross the border and they told her the visa had been cancelled,they told her she needed to reapply for a new one, she went to tijuana consulate and they told her she needed a panel physician, so she went to Juarez to have it done that was on 7/13/16, what are the... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 27, 2016

All alcohol/drug related convictions are taken seriously by the CBP, just hope that she passes all the tests and medicals, she might also need to practice her answers with an immigration attorney to increase the chances of approval. If you would like a free consultation feel free to contact my... View More

1 Answer | Asked in DUI / DWI for California on
Q: 2 years ago my husband got a dui he recently got into a car accident but he wasn't drunk just no licence

He has court this Wednesday for no license from the car accident he had hes worried that they could detained him he had a dui 2 years ago he's already taken care of that just this car accident he had recently they just gave him a ticket for no license its a misdemeanor what could happen

David Carl Beyersdorf
David Carl Beyersdorf
answered on Dec 16, 2016

He should hire a lawyer. If he can't afford to hire a lawyer, he needs to ask the court to appoint one. Driving on a suspended license can earn you some jail time as well as probation, and it can also be very expensive. Additionally, when the license is suspended based on a prior DUI, the... View More

1 Answer | Asked in DUI / DWI and Car Accidents for California on
Q: Wondering if I have to sue.

An 18-year-old driver plowed through my yard bowling over a mature 30 foot aspen tree damaging my fence. The estimate is over $1500 just for the tree replacement. He was twice the legal limit intoxicated and went to jail. He totaled his moms BMW car. When I called The insurance company, the... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 22, 2016

I'd run it through homeowners let them go after mom and kid, (and recover your deductible).

2 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: Already served papers to drunk driver, should I amend to add punitive damages?

I was hit by an uninsured drunk driver who totaled my car. I am having to sue him on my own for the cost of the vehicle, towing, and a chiropractor visit. When visiting my girlfriend's personal injury lawyer (for a completely unrelated accident), he asked about my case and when I told him I... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 22, 2016

I'd go with the lawyer's suggestion, especially if his blood alcohol was significantly above the limit--he has no insurance, he's driving intoxicated, go for it. Collecting may be tough but sounds like you have a handle on it.

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2 Answers | Asked in Divorce, DUI / DWI and Personal Injury for California on
Q: Fatal drunk driving accident

My husband and I have been separated for 2 years and are in the middle of a divorce. Last month he was involved in a drunk driving accident where he was the driver. He died on the scene of the accident and his two passengers survived. There were no other vehicles involved. The survivors sustained... View More

Jonathan Damashek
Jonathan Damashek
answered on May 3, 2016

Most likely it will wind up just being against your husband's estate.

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1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: My brother was just taken by bench warrant and sentenced for a felony DWI's from 2004. Isn't there a 3 yr statute of lim

He is currently serving 15 years in Huntsville, TX. prison and on year 13 and they took him and added 4 more years for this felony. What about the statute of limitations?

Alexander Andryuschenko
Alexander Andryuschenko
answered on Apr 21, 2016

The statute of limitation stops running at the time bench warrant is issued. If the court did not issue the bench warrant until 2007, the court would lose its jurisdiction over the case and you would have a good argument about the statute of limitation. Check when the case was filed and if it is... View More

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