Lawyers, Answer Questions  & Get Points Log In
DUI / DWI Questions & Answers
0 Answers | Asked in Traffic Tickets and DUI / DWI for Indiana on
Q: court order to waive all reinstatement fees 5/19. BMV suspended 9/19 for year. 9/20 thousand dollar reinstatement again

all from 12/18 infraction, how can they get away with this.

0 Answers | Asked in DUI / DWI for Washington on
Q: Ex got arrested for 2nd DUI in 3 1/2 yrs & last was plead down to neg driving. Can I testify this time about them?

My ex wasn't forthcoming about his alcohol and drug addiction history. That he had been court ordered to treatment, that custody of our children was based on his addiction history and that there are provisions related to his addictions in our parenting plan. He was able to plead down his first... Read more »

1 Answer | Asked in DUI / DWI for California on
Q: What you need to take to court for a certified minutes order
Dan Moseley
Dan Moseley answered on Dec 2, 2021

Your wallet, as courts normally charge for certified copies of records. A minute order is a record of the court's decision in a case. If the decision was made in a public proceeding, there should be no other requirements for a certified copy.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Hello wondering in relation to Johns Law , How long are the Police allowed to keep someone in Custody refuses breath

This person does not own the vehicle and it is impounded and does not have a ride from the Pct . The person also failed the Field Sobriety test and does show signs of intoxication

James A. Abate
James A. Abate answered on Dec 1, 2021

Police will keep a person in custody until someone comes to get them or they are sober.

0 Answers | Asked in Traffic Tickets and DUI / DWI for Georgia on
Q: GA licensed cancelled, but not suspended or revoked. Do I still have driving privileges in GA?

GA cancelled my GA license because NC revoked my driving privilege in NC (for speeding. Prosecutor dropped reckless). GA DMV said NC DMV is blocking GA from issuing me new license and I must clear with NC DMV before GA will give me back my license. I looked up GA law and there are three terms... Read more »

1 Answer | Asked in DUI / DWI for Florida on
Q: DUI property damage, FL. No prior criminal history or traffic offenses. Refused to blow. How likely is dui conviction?
Michael  Mayoral
Michael Mayoral answered on Nov 24, 2021

That depends entirely on the specific facts of your case (driving pattern, whether there is body worn camera, how you appear on the camera, other evidence of impairment). You should immediately consult with and/or hire a criminal defense attorney who specializes in DUI's.

2 Answers | Asked in DUI / DWI and Traffic Tickets for Illinois on
Q: Help with lifetime cdl ban in Illinois.

I had a class A CDL in Illinois. In 2008 I was charged with dui. There was a 6 month statutory summary suspension and my CDL was disqualified for 1 year.

At some point over the next 2 years my license expired and when I went to renew I opted to step down to a regular class D license,... Read more »

Theodore J. Harvatin
Theodore J. Harvatin answered on Nov 22, 2021

I have seen where there is a mistake in paper work and it appears that one dui was two separate ones due to non matching arrest dates.

View More Answers

0 Answers | Asked in Criminal Law and DUI / DWI for Colorado on
Q: If I fail my interlock device one time in colorado and am on probation for a dui will my probation officer find out?

I got a violation last night for blowing into my interlock device with alcohol in my system. Will my probation officer find out?

0 Answers | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: How long can a county jail in Tennessee hold someone for a warrant that is from Georgia?

The inmate was given permission to leave the state to handle his cancer battle. He was picked up for a supposed vandalism charge, that was then dropped. The inmate has been in Cocke Co. Jail for 14 days. He was originally told that if they do not transfer him within 10 days then he will be... Read more »

4 Answers | Asked in DUI / DWI and Immigration Law for Maryland on
Q: I was pulled over and charged for DUI and reckless driving for the first time no accident no injury, why both charge ?

I blew 0.10 on the road side and the officer told me to do not blew at the police station, then I didn’t blew, today I got my license suspended for 270 days. The saddest thing is my asylum case is pending and my final hearing is in couple of months. Please I’ll like to know if this will affect... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Nov 21, 2021

Generally speaking criminal law issues do impact impact immigration cases. You will want to get the paper details of the case as well as the disposition from the court. The disposition is what the court ordered. It should have the court's original seal on it. You will need those documents. if... Read more »

View More Answers

1 Answer | Asked in DUI / DWI for Georgia on
Q: I got charges of dui/drug,violation georgia controlled substances act vgcsa-f, poss drug related object equip m

What's can I do ?

Morris  Margulis
Morris Margulis answered on Nov 22, 2021

Defending these cases usually depends on fourth amendment arguments. Did law enforcement have the right to stop you? If so, was the stop unreasonably prolonged? If not, did they have the right to search you and/or your car? Etc.

Feel free to email me to talk about setting up a retainer...
Read more »

1 Answer | Asked in DUI / DWI, Criminal Law and Constitutional Law for California on
Q: charged with dui alcohol but then changed to just a dui then to public intoxication after DA took over made it s case.

was detained&searched twice inside police department&outside police department&illegally searched my purse without my consent&purse was left outside after being searched which they lost &all property inside purse never givin back or wallet never put in to property 2 officers... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 20, 2021

much more info is needed.

make an appointment asap with a local criminal atty.

A Miranda warning is only necessary if they are going to question you.

a DUI is the same as DUI alcohol............

did they file for the other criminal violations? if so they would not be...
Read more »

0 Answers | Asked in DUI / DWI for Iowa on
Q: They are charging me Monday for DUI and no ins for a traffic stop Aug 1 is this legal 80 + days later

Passed Field sobriety made to go to the jail to ua released afterwards supposed to turn myself in Monday between 4pm and 8pm only not before not after I had not taken any drugs or alcohol that day my wife had just committed suicide 2 wks prior I had been self medicating but had stopped the day... Read more »

0 Answers | Asked in DUI / DWI for New Mexico on
Q: Does refusal to submit to a blood sample still result in administrative revocation if the MVD exceptions are met?

I guess more specifically my question is whether refusal to submit to a blood sample results in license revocation if the exceptions on the MVD DWI information page are met:

"The only exception to the one-year revocation of your license is: if you have never had an administration... Read more »

1 Answer | Asked in DUI / DWI for Kansas on
Q: DWI and DUI? Are they the same.

I have a first offense DUI in kansas and im trying to get my TDI adjusters license in TX. I’m currently on a diversion program to get it off my record. It states you can exclude first offense DWI. Would that be the same as DUI?

Brian Leininger
Brian Leininger answered on Nov 18, 2021

Yes, they are the same. Different jurisdictions just have slightly different names for the same thing. I've even seen them call OUI or OMVI.

0 Answers | Asked in DUI / DWI on
Q: If I was parked on the side of the road back of my van and cop pulled up automatically put me in cuffs is that leagle

He seen a can of my buddy's asked me for a field sobriety test I refused then got a warrant for my blood

0 Answers | Asked in DUI / DWI for Washington on
Q: I paid a store 380$ for a service and now they are denying that I paid them , what do I do ?

I paid in cash to a store employee , he gave me a invoice which indicates that I paid him 380$ , that same employee was fired from the store and now the owner of the store is telling me that the guy he fired never deposited the money so I will have to either find him and get my money back or pay... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I have had my drivers license back for over 4 years now after a dui. State is saying I now need interlock for 6 months.

Got my license back over 4 years ago. Non restricted valid class d license. State of Tn is now saying I need to insatall an interlock for 6 months. Why wasn’t this needed to get my unrestricted license in the 1st place 4 years ago.

Anthony M. Avery
Anthony M. Avery answered on Nov 18, 2021

DOS issues the TNDL, so you have to do what they say.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.