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California DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for California on
Q: Hi. I am taking dui classes in California. Can I transfer my classes to Peurto Rico? Do they offer DUI programs?
Alexander Andryuschenko
Alexander Andryuschenko
answered on Apr 21, 2016

First, you need to find out if Puerto Rico offers classes in DUI/alcohol abuse education. If they do, next, you would ask the California court to permit you to complete your DUI class in Puerto Rico. If the court grants your request, then you would simply file a completion certificate from Puerto... View More

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1 Answer | Asked in DUI / DWI for California on
Q: If you have a pending trial for a case, and you commit the same thing. what are the chances of it being the same DA?

DUI (3rd) Got another one 2 months later (4th).

Alexander Andryuschenko
Alexander Andryuschenko
answered on Apr 1, 2016

Hello, There is a high chance that the prosecution will be aware of your new case. Whether or not the same prosecutor will be assigned to your case will depend on the jurisdiction of your new offense and the resources that the prosecution office has. For example. car thefts, are often handled by... View More

1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: Hello I was in a dui accident as a passenger. I was not arrested and had nothing to do with the driver falling asleep

Now it has been brought to my attention that the girl that was driving has a lawyer that said I am a co defendant with a possesions case. She said there was no police report so I don't know what or how I can be charged with a possesions case when I have never been charged with anything or... View More

Alexander Andryuschenko
Alexander Andryuschenko
answered on Mar 24, 2016

Hello. Unless you are charged with a crime on the same complaint, you are not a co-defendant. Check the complaint filed against the arrested girl, your name should not be there. As far as the police report, there must be a police report to prosecute her for a DUI or you for possession. The... View More

1 Answer | Asked in DUI / DWI for California on
Q: I received a marijuana DUI just over 4 years ago. No alcohol involved. Never paid fine or did classes. Can I get license
Alexander Andryuschenko
Alexander Andryuschenko
answered on Mar 17, 2016

Hi. In California a DUI conviction is a DUI conviction, no matter if it is for marijuana or alcohol. However, the suspension would be over by now and you should be able to get a license by walking into a DMV and paying reinstatement fee.

1 Answer | Asked in DUI / DWI and Traffic Tickets for California on
Q: Will i got to jail for driving a moped that doesn't require a licence..on a DUI probation?

The gas moped doesn't require a license by state law.

Alexander Andryuschenko
Alexander Andryuschenko
answered on Mar 17, 2016

Hello. In California, a moped is different then a motorized bicycle does require an M1 or M2 license. Driving a moped without a license is a crime and can be a violation of probation. If however, you are driving a motorized bicycle with an engine of less then 1,000 watts and with speed that can... View More

1 Answer | Asked in DUI / DWI for California on
Q: Dui in 05 in IL with AZ lic. Did alcohol classes and got prob and ct sup. Just paid fine today. How do i reinstate lic

I live in CA. Not sure how to get a license here. DUI in IL w AZ license in 05. Just paid off my fine completing all requirements. Not sure where to start

Alexander Andryuschenko
Alexander Andryuschenko
answered on Apr 1, 2016

Hello. You need to start by contacting California DMV and clarifying if IL suspended your license. You can call mandatory action unit to answer this question. Their number is 916-657-6525. If your license is suspended by IL, you need to contact IL DMV to see what is required to reinstate your... View More

1 Answer | Asked in DUI / DWI for California on
Q: DUI in Southern California 6 years ago now I just got another DUI in Northern California. Will it show as 2 DUI or 1?

Is Northern California different from Southern California? Will the courts know you had a DUI in Southern California

Alexander Andryuschenko
Alexander Andryuschenko
answered on Mar 17, 2016

Hello, Unfortunately, it will show as a 2nd DUI because DUIs in California are priorable for 10 years offense date to offense date.

1 Answer | Asked in DUI / DWI for California on
Q: I got a dui in 1998 can I get my license back now
Alexander Andryuschenko
Alexander Andryuschenko
answered on Apr 1, 2016

Hello. Probably so. Unfortunately, the age of the suspension is not the only thing that matters in a DUI related suspension. For example, if the suspension is based on your failure to comply with a DMV order, you might not get your license back until you comply. Best approach is to calling the... View More

1 Answer | Asked in DUI / DWI for California on
Q: I was approved to take the out of state DUI program but was not given a date the classes had to be completed by.

Obviously the sooner the better but will I be in compliant with my probation as long as the course is completed before my informal probation ends?

Tina M Barberi
Tina M Barberi
answered on May 19, 2015

You must complete the course before your probation ends in order to comply with probation. Typically, the standard order is 30 days from the date of sentencing, but if there are no reviews, you should just complete it as soon as you can. If this is a California DUI, make sure to call DMV in... View More

1 Answer | Asked in DUI / DWI for California on
Q: got a second dui 3 years ago havent enrolled in my dui classes yet is it possible to get my lícense once i do so
Tina M Barberi
Tina M Barberi
answered on May 19, 2015

You should contact Mandatory Suspension (916) 657- 6525 in order to determine your eligibility for a restricted license. You may have to complete the course because you waited too long before enrolling. However, a recent client enrolled in the course and she received her license, so it is worth... View More

1 Answer | Asked in DUI / DWI for California on
Q: What approximate affect on sentencing will the BAC level have for someone convicted of DUI where someone is hurt.

BAC is .19. person hurt had a fractured wrist. there were 3 other people in the accident. none were hurt

Tina M Barberi
Tina M Barberi
answered on May 19, 2015

A high BAC will be an aggravating factor when the judge decides a sentence. You are most likely being charged with an enhancement because your alcohol level is over .15% BAC. This is only one factor, so a high BAC alone will not be the only thing that will weigh in on your sentence. Your criminal... View More

1 Answer | Asked in DUI / DWI for California on
Q: I have a DUI conviction; was pulled over for DUI again 6 months later. I blew .05 this time. Will I get a 2nd DUI?

I live in California; My first/only DUI was in 2014; I heard I could get a 2nd DUI from the DMV even if I only blew a .05, is that true? I know I may be in trouble with Probation but what about the DMV if I wasn't "legally drunk". Help, and thank you

David Nelson Jolly
David Nelson Jolly
answered on Jul 21, 2015

I am sorry to hear of your situation. Obviously the need for details is very important. For instance, you can be guilty of DUI if you are "impaired" by a combination of drugs and alcohol. Further, you can be guilty of DUI if you are impaired by alcohol, no matter the level. I would... View More

1 Answer | Asked in DUI / DWI for California on
Q: can I be charged with a felony dui if I'm involved in a collision and the party I hit has complaint of pain only.
Mr. Robin Mashal
Mr. Robin Mashal
answered on Mar 9, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am not certain I understand your question. You can be charged with DUI (driving under the influence) if you drove under the influence of alcohol or drugs; whether or not the party...
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1 Answer | Asked in DUI / DWI for California on
Q: what does it mean case is being review?

I have a DUI I went to court and I was not seen by the judge.my court day on December 11 14. They told my case is pending and now that is on review? What can I do?

Mr. Robin Mashal
Mr. Robin Mashal
answered on Jan 10, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you have not already done so, you should immediately retain an experienced attorney to defend you against this DUI charge. Unless you are experienced in defending criminal charges,...
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1 Answer | Asked in DUI / DWI for California on
Q: If it been 18 years since my license got suspended for dui in 1996 what do i need to get it back?

For fourth dui

David Nelson Jolly
David Nelson Jolly
answered on Aug 26, 2014

It is entirely possible that reinstating your license will not be a terribly difficult proposition so long as you have completed everything that was required of you. However, if you failed to pay fines, complete an alcohol evaluation or class, or have been convicted of similar driving offenses... View More

1 Answer | Asked in DUI / DWI for California on
Q: DUI case

Daughter went voluntarily to court to ask judge for an extension on completing her DUI classes so that she has time to get herself into a drug treatment program. Judge gave her a 6 month extension, then imposed 45 days in jail for violating probation. My daughter denied her probation violation, the... View More

Diana W. Aizman
Diana W. Aizman
answered on Apr 11, 2014

Yes. She has the right to an attorney at her probation violation hearing. Probation is currently revoked and she should ask the Judge for a continuance in order to hire counsel. It sounds like the Judge found her in violation of probation without a formal hearing and without her admitting the... View More

2 Answers | Asked in DUI / DWI for California on
Q: Girlfriend was arrested fo dv should I charge my story in court to get her out of trouble

Was hit 8 -10 while drinking she left bumbs and cops arrested her...I can change story to help her..debating if I should

Daniel R. Perlman
Daniel R. Perlman
answered on Nov 5, 2013

I know this issue is probably long past, but I couldn't resist. While it's true that you becoming an uncooperative witness can make the prosecution less sure of their case, they will not give up simply because you are going to testify differently from what you told the officers who... View More

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1 Answer | Asked in DUI / DWI for California on
Q: California Highway Patrol jurisdiction in National Forest?
Daniel R. Perlman
Daniel R. Perlman
answered on Nov 5, 2013

If the road is a thru-fare or part of their assigned patrol, they would have no problem with jurisdiction.

2 Answers | Asked in DUI / DWI for California on
Q: Do I plead not guilty or no contest to 23152(A)VC DUI/.09/.08.

CHP did not read the miranda rights before arresting me and did not give form filled out for 30 days temporary driving rights when he took my license. I was arrested same night and released following day at 3 pm on my own recognizance pending court date.

Daniel R. Perlman
Daniel R. Perlman
answered on Nov 5, 2013

A no contest or nolo contendre plea would be the same as a guilty plea. If your BAC was .08-.09 you need to fight the case. The fact that you were not read your rights is unimportant in a DUI arrest in California, but the failure to follow other procedures may lead to issues which can be... View More

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1 Answer | Asked in DUI / DWI for California on
Q: I have been summoned to court for a DUI but i live in another state. how can i fix this?
Daniel R. Perlman
Daniel R. Perlman
answered on Nov 5, 2013

I am surprised that this question went unanswered, but for those who run into a similar situation there are two choices on how to handle this. One is to simply appear at your own expense. The other, is to hire an attorney who is California can be authorized under penal code 977(a) to appear on... View More

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