Lawyers, Answer Questions  & Get Points Log In
DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for California on
Q: Been inquiring about the ability to reopen a case I plead guilty to 5 years ago. I was not11 guilty. Advised by P defend

to avoid a trial. Prison if lost trial. Agreed to 3rd felony DUI. TMI. Issue. I wasn't pulled over. Not driving when arrested for DUI. DUI last Friday night. SO GUT SICK MAD SAD... Any suggestions or advice Thank yyou so much.

Thomas M. Fleming
PREMIUM
Thomas M. Fleming
answered on Sep 27, 2022

I'm sorry you've going through all this. Since the public defender represented you, start there and ask another attorney to take a second look at this. If you received ineffective assistance of counsel, for example, then you may be entitled to a new trial. If that is the case, however,... Read more »

View More Answers

0 Answers | Asked in Cannabis & Marijuana Law, Criminal Law, DUI / DWI and Juvenile Law for Nebraska on
Q: Im 13 years old. I stole an unlocked car with the keys inside and had marijuana in my possession. how would i be charged

My intentions with the car was to drive around, and eventually crash it in an attempt to commit suicide. I had a THC vape in my possession at the time as well. This took place in my hometown Lincoln, Nebraska.

0 Answers | Asked in DUI / DWI and Civil Rights for Arkansas on
Q: Im 75% deaf in both ears. If i were taken into custody and forced to rake a drug test to be released on my own recogniza

ance. Because of a single syringe found that i did not give permussion to search for. Then given a dwi because of a drug test that i failed for when i used 2 days before. I feel like this is not okay especially him not catering to my hearing disability. I feel like i was taken advantage of by this... Read more »

0 Answers | Asked in DUI / DWI for Illinois on
Q: I was in gaitlinburg for vacation, I am from Missouri.I got charged with dui missed my court date any advice

It is my first offense. I couldn’t make the court date my kids where sick and at time I couldn’t afford lawyer. Is their anyway I can do court date online and any other things needed? What kind of lawyer can I hire

0 Answers | Asked in DUI / DWI and Traffic Tickets for South Carolina on
Q: If you have a dus on house arrest what usually will happen?

My husband is on house arrest and got a DUS does this violate him and what are the chances of him not getting time

2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Minnesota on
Q: is it illegal to be underage and high, even if i have nothing on my person/car/property
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 21, 2022

In law school we learn that there is one answer to every legal question: "It depends." It could be illegal to be underage and high, if that person "drives, operates, or is in control of any type of motor vehicle" in Minnesota. To pick another random example, in Minnesota an... Read more »

View More Answers

0 Answers | Asked in DUI / DWI for Pennsylvania on
Q: I got a dui was given ard. I work 80 hours a week missed a court date can't pay for cab to go to class. What do I do

Should I get a lawyer and just wait for them to help me. Or turn myself in

0 Answers | Asked in DUI / DWI for Texas on
Q: What happens when you pay a lawyer 10,000 and no one answers the phone.

I have a 4th dwi after 20 years.

Been offered 10 days in jail and 2 years probation. But ATRS in dallas have not called me. It's been over 3 months since they should have called me.

My dwi was may 5 2021. Over 1 year n 4 months

1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: Likelihood of jail or prison time with meth charge and extensive criminal history in another state?

My brother has an extensive drug history and a history of not appearing in court in FL. He’s also has two bench warrants from Florida that he wasn’t aware of.

He was arrested in Cadillac on 9/16 for meth possession, DWI, and being in possession of a loaded firearm (the firearm was mine,... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 19, 2022

Avoid incarceration? Unlikely. The biggest risk factors are his loose ties to the community and his history of failure to appears. I know people change, but judges see that and think "this guy can't be trusted to be out in the community to do the right thing if he can't even show up to court".

0 Answers | Asked in Criminal Law and DUI / DWI for Kansas on
Q: Does Missouri count prior DUI’s from Kansas to enhance penalties?

Kansas does not count priors from Missouri to enhance punishment/penalties because the Missouri DUI statute is broader then the Kansas statute (Kansas appeal for State vs Justin D. Stanley 2016). Hypothetical: if a person has 2 prior Kansas DUI’s and then they get a 3rd one in Missouri would... Read more »

2 Answers | Asked in DUI / DWI for California on
Q: 3rd dui in Lakewood CA, BAC .34 and minor fender bender. Dose anyone have previous experience of outcome?

Completed a five month IOP and still continue to attend even after completion.

Have been on SCRAM for 5+ months (got on one week after the arrest)

Got a “set aside” (from what I understand that is a win for the DMV hearing)

Have hired a good seasoned DUI lawyer... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 18, 2022

A wet reckless will be treated as a prior DUI, provided it occurred within the last 10 years. You need to hire an attorney to see if the first incident occurred more than 10 years before the most recent DUI, and thereby avoid facing the consequences of a 3rd DUI. Of course, even if it occurred... Read more »

View More Answers

2 Answers | Asked in DUI / DWI for California on
Q: 3rd dui in Lakewood CA, BAC .34 and minor fender bender. Dose anyone have previous experience of outcome?

Completed a five month IOP and still continue to attend even after completion.

Have been on SCRAM for 5+ months (got on one week after the arrest)

Got a “set aside” (from what I understand that is a win for the DMV hearing)

Have hired a good seasoned DUI lawyer... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 17, 2022

the best advice any lawyer on this site can give you is to listen and follow the advice of your current DUI lawyer who hopefully practices often in that court.

that fact that you got a set aside on DMV suggests either a problem with the case OR you have a very good DUI...
Read more »

View More Answers

1 Answer | Asked in DUI / DWI for Florida on
Q: I have a case in browsed county Florida dui DUI with a minor and dui with damage and injury

Fort Lauderdale

Jonathan Blecher
Jonathan Blecher
answered on Sep 16, 2022

DUI with a Minor + Injury is very serious. The Broward County State Attorney's Office will prosecute the case with vigor. In addition to the criminal penalties, you have only 10 days from the date of arrest to attend to the administrative driver license suspension. You should contact a local... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: Can I be charged a felony on a charge that city convicted me on dui 1 other?

I was charged dui 1 both times, I've been working on that part of my charges, can I also be charged seperately though prosecuted for a felony for that same arrest. It was dui other both times, and same sentence for both. Now fearful of felony

charge on the same arrest that I'm... Read more »

Steven Scharboneau
Steven Scharboneau
answered on Sep 18, 2022

The answer is it depends. Generally speaking, it isn't uncommon for DUI charges to start off as a misdemeanor and then be referred up to county for felony prosecution. I've seen this happen plenty of times before. It really will depend on the fats of your case and the way they charged it.... Read more »

1 Answer | Asked in DUI / DWI for Kentucky on
Q: What all is required to get license back after first dui
Timothy Denison
Timothy Denison
answered on Sep 15, 2022

Payment of fines and costs; completion of alcohol education program; 6 month ignition interlock device.

0 Answers | Asked in DUI / DWI for New Mexico on
Q: Hello. I need help reinstating my driving privileges in New Mexico.

Hello. I need help reinstating my driving privileges in New Mexico. I've been fully compliant with the court, completed substance abuse counseling, None for the Road, probation, paid all fines and fees, and need to get my license in Indiana. Please advise.

0 Answers | Asked in Cannabis & Marijuana Law and DUI / DWI for Iowa on
Q: Is it bad if I had a Marijuana DUI at 17 in Iowa?

I have a friend that has an DUI. I'm scared for him. Will he be life in prison because of his mistake?

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.