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DUI / DWI Questions & Answers
Q: What are my options for a DUI charge due to mouthwash and misconduct by a trooper in Louisiana?
I was involved in an accident two months ago in Louisiana, caused by a faulty part in my truck. Following the accident, I was booked for a DUI because I refused a breathalyzer test. I refused the test because I had just used mouthwash and knew it might affect the results, as it had done during a... View More 
Randy Bryan Ligh
answered on Nov 10, 2025
answered on Nov 10, 2025
Whatever your options are, they are going to be better if you are represented by counsel---there are may lawyers who handle both civil rights/police misconduct cases and criminal/DUI defense cases----I would recommend that you use the Justia Find a Lawyer tab and search for those type lawyers and... View More
Q: How can I request to change penalties from my 20-year-old DUI conviction in NC?
I am seeking advice on how to request a change in the penalties from my second DUI conviction, which occurred 20 years ago in North Carolina. At present, I'm required to have an ignition interlock device, but I would like to ask if there's a way to have this requirement reduced or waived.... View More
Christopher Adkins
answered on Nov 10, 2025
answered on Nov 10, 2025
In North Carolina, penalties for a DWI/DUI conviction are generally set by law and can’t be changed years later. However, you may have options. If your license is still revoked or restricted due to the ignition interlock requirement, you can petition the North Carolina Division of Motor Vehicles... View More
1 Answer
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Car Accidents, Criminal Law, DUI / DWI, Traffic Tickets and Personal Injury
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Pennsylvania
on
Q: How can I defend against underage drinking charges after a DUI accident as a passenger?
I am a 17-year-old who was recently involved in a car accident where my friend, who was driving, was charged with a DUI. My friend took my keys by force while intoxicated, and I was made to ride with him along with my cousin. Unfortunately, I was pressured into drinking that night, although I... View More
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James L. Arrasmith
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answered on Nov 10, 2025
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answered on Nov 10, 2025
You are not being charged with DUI; your issue is the potential underage drinking charge under Pennsylvania’s law for minors possessing or consuming alcohol. Since you were 17 and not the driver, the Commonwealth would have to prove that you knowingly consumed or possessed alcohol, and that... View More
Q: Why was I released and driven to a house after refusing a breathalyzer in Louisiana?
I was arrested for a DUI in Louisiana after refusing a breathalyzer test. Surprisingly, the state trooper released me without a blood test and drove me to a house that wasn't mine. Why would the officer let me go under such circumstances? Should I be expecting any legal repercussions, and what... View More
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James L. Arrasmith
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answered on Nov 10, 2025
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answered on Nov 10, 2025
You were likely released because the trooper exercised cite-and-release discretion and prioritized getting you to a safe location. Refusing a breath test triggers Louisiana’s implied-consent process, but it does not force an immediate blood draw; without a warrant or medical exigency, the officer... View More
Q: Should I retain a lawyer before arraignment for DUI if planning a jury trial?
I am seeking legal advice regarding a first-time DUI charge. I was involved in a single-car accident and had to be extracted from my vehicle. The arresting officer did not conduct any field sobriety tests or a breathalyzer test, as I was transported to the hospital. There was no blood drawn or... View More
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Anthony M. Avery
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answered on Nov 7, 2025
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answered on Nov 7, 2025
You are probably still at General Sessions, so you will want to prepare for a Preliminary Hearing. Trial is at criminal circuit court after an indictment. No tests being conducted is great, but I feel the hospital probably did a blood test which has to be subpoenaed by the State. You cannot... View More
Q: Can an officer charge disorderly conduct for requesting canine verification on marijuana suspicion after a traffic stop?
During a recent traffic stop for a suspended, revoked, canceled registration, an officer who had stopped me four days earlier for the same issue (without additional police assistance) claimed this time to smell marijuana before reaching my vehicle. Despite my earlier refusal to allow searches and... View More
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James L. Arrasmith
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answered on Nov 6, 2025
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answered on Nov 6, 2025
Requesting a K‑9 sniff and refusing consent do not constitute disorderly conduct in Georgia; you exercised a lawful choice and, standing alone, that conduct cannot support a charge. Disorderly conduct requires violent or tumultuous behavior, “fighting words,” or a genuine breach of the... View More
Q: Can I ask a judge in California to quash a DUI warrant from 2020?
I got a DUI on January 25, 2020, just before COVID-19 hit. My court date was postponed, and while starting a new job, I forgot about it. I recently found out there is a warrant for my arrest since November 4, 2025, as the case was a misdemeanor. I've since called the court twice to check on... View More
Dan Moseley
answered on Nov 5, 2025
answered on Nov 5, 2025
The first step for you, or your attorney, is to contact the court clerk and ask that your case be put on the court's calendar for the matter to be heard on a particular date. On that date, you and/or your attorney will appear in court, ask that the warrant be discharged, and offer a good... View More
2 Answers
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in
Child Custody, Car Accidents, DUI / DWI, Family Law and Personal Injury
for
Texas
on
Q: What can I do to regain contact with my daughter in Texas?
I moved out of town for work and left my daughter with her father on June 20, 2025, with an agreement to pick her up once I settled down. We stayed in contact for about two months, but he has since refused to let me talk to her or see her, and told my parents not to contact him. He has changed his... View More
Stephen Arnold Black
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answered on Nov 5, 2025
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answered on Nov 5, 2025
Retain a family law attorney and commence a case to seek custody based upon the unfitness of the biological father.
Q: What's better for DUI charge in VT with NH license: gross negligence or civil?
I have been charged with a DUI in Vermont, but I hold a New Hampshire driver's license. This is my first DUI offense in Vermont, but I have two prior offenses in Massachusetts from 2003 and 2011. I live in New Hampshire and work in Vermont. I currently have a lawyer in Vermont, but I'm... View More
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James L. Arrasmith
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answered on Nov 4, 2025
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answered on Nov 4, 2025
You do not “choose” gross negligent operation; it is a separate criminal offense from DUI, while the “civil” piece in Vermont is the administrative civil-suspension case that runs alongside the criminal DUI. In practice, a Vermont DUI creates two tracks in criminal court: the criminal... View More
Q: Are there penalties for expired temporary restricted license affecting reinstatement of full license?
My temporary restricted license expired on October 17, 2025, in Iowa. I have fulfilled all the requirements to reinstate my full license, except for waiting on the drunk driving class certification update. Is there a penalty for letting the temporary restricted license expire, and will it affect my... View More
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James L. Arrasmith
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answered on Nov 4, 2025
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answered on Nov 4, 2025
That’s a good question, and it’s understandable to be concerned after all the work you’ve done to meet the reinstatement requirements. In Iowa, there’s generally no separate penalty just for allowing your temporary restricted license (TRL) to expire, as long as you were not driving after it... View More
Q: Why was I denied a Louisiana security license?
I was denied a security license in the state of Louisiana and informed that I could not hold any job in this field. I did not receive a notification of the specific reasons for the denial, but it was stated under articles #37:3276 - 3276.1 and 3289 A (1). I have a felony from 2014 for a DWI 4th... View More
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James L. Arrasmith
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answered on Nov 4, 2025
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answered on Nov 4, 2025
That must feel discouraging, especially when you’re trying to move forward and rebuild your career. The laws you mentioned — Louisiana Revised Statutes 37:3276 through 3276.1 and 3289 A(1) — govern the licensing requirements for private security work in the state. These statutes allow the... View More
Q: Will I lose my license with 24 months court supervision for first DUI in Illinois?
I received 24 months of court supervision for my first DUI in Illinois. The judgment includes $1,882 in fines, a substance evaluation, and attendance at a victim impact panel. Given these conditions, will I lose my driver's license during the supervision period?
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Theodore J. Harvatin
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answered on Nov 3, 2025
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answered on Nov 3, 2025
No. You will only lose your license if you fail to complete the items on time or fail to request and receive an extension to complete them.
However, I need to define lose your license. Your license will not be revoked.
You might be suspended now for either taking and failing a... View More
Q: Can I get the interlock device requirement waived for two DUIs in Florida?
I have been charged with two DUIs in Florida, and I am unsure if I am required to have an interlock device installed in my vehicle. I have not received any paperwork from the DMV indicating this requirement. Is there any way to confirm if the interlock device is required or potentially get the... View More
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James L. Arrasmith
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answered on Nov 3, 2025
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answered on Nov 3, 2025
In Florida, an ignition interlock device (IID) is typically mandatory for anyone convicted of a second DUI offense. The length of time the device must be installed depends on the specific details of your convictions. For a standard second DUI conviction, the court usually requires the interlock... View More
Q: Does Missouri's Constitution prevent sentence enhancements for DWI due to prior offenses, and are there leniency programs for age, medical conditions, or family hardship?
Does Article 1, Section 13 of Missouri's Constitution prohibit the state from enhancing a DWI sentence due to prior offenses? I am 61 years old and currently receiving disability benefits due to 4th-degree burns covering 40% of my body, which also cause general immobility. My previous offenses... View More
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Adam Bryson
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answered on Nov 3, 2025
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answered on Nov 3, 2025
The short answer to the first part of your question is no. I'm assuming that you're referring to the ex post facto law reference in Article 1 § 13. Remember that while DUI sentencing enhancement may not have existed when you got your prior DUI/s it did exist prior to the most recent DUI... View More
Q: Can Missouri enhance a DWI charge due to prior offenses per Article 1 Section 13, and does leniency apply for age or health?
Is it possible for the state of Missouri to enhance my DWI charge to a B felony due to previous offenses despite Article 1 Section 13 of the Missouri Constitution? My most recent DWI occurred in 2015, and although I have prior offenses, none have involved crashes or injuries. Additionally,... View More
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Adam Bryson
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answered on Nov 3, 2025
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answered on Nov 3, 2025
The short answer to the first part of your question is no. I'm assuming that you're referring to the ex post facto law reference in Article 1 § 13. Remember that while DUI sentencing enhancement may not have existed when you got your prior DUI/s it did exist prior to the most recent DUI... View More
Q: What are my chances of being charged given video evidence proving I didn't hit a girl with my truck?
About a year ago, I was involved in an incident where an altercation occurred, and I was accused of hitting a girl with my truck. The accusations led to my arrest for wanton endangerment, failure to render aid, DUI with a blood alcohol level of .028, possession of .1 grams of marijuana, and... View More
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James L. Arrasmith
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answered on Nov 3, 2025
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answered on Nov 3, 2025
Because you’ve been indicted, you are already charged; the real question is which counts will survive pretrial and trial. Your video showing no impact and only a crawl away from the scene is powerful evidence that undercuts the core narrative.
Wanton endangerment requires proof that you... View More
Q: Why was my criminal possession in the 7th ticket left out at arraignment?
I received multiple tickets, including a DWAI by drugs, on September 9th, but one of my tickets for criminal possession in the 7th was not addressed during my arraignment on October 6th. Why might this happen, and what can I do about this omission?
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James L. Arrasmith
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answered on Oct 31, 2025
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answered on Oct 31, 2025
It’s not uncommon for one charge to be left out or delayed at an arraignment, especially if there was an issue with how the ticket or paperwork was filed. The criminal possession in the 7th charge may not have been properly processed or included in the court’s docket by the time of your... View More
Q: Can legal action challenge charges with interlock evidence?
I was pulled over for speeding 6 to 10 miles over the limit. During the stop, the officer said my interlock was revoked due to removal on 07/30/2025. My vehicle was in the body shop from June 8 until the end of September, during which Smart Start erroneously reported a disconnection. Despite... View More
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James L. Arrasmith
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answered on Oct 31, 2025
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answered on Oct 31, 2025
Yes, you can challenge these charges if you have credible evidence showing that the interlock violation was due to a **Smart Start reporting error** and that your vehicle was in the body shop during the alleged disconnection period. Courts often consider maintenance or repair-related disconnections... View More
Q: Does delay in K9 arrival affect vehicle search validity during traffic stop?
I'm being charged with simple possession of meth, along with speeding and no insurance. During a traffic stop in Land Between the Lakes, TN, I refused a vehicle search. After the officer ran my information and I informed him I was on probation in KY for meth possession, he claimed reasonable... View More
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Anthony M. Avery
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answered on Oct 31, 2025
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answered on Oct 31, 2025
That was probably a reasonable detention period. Hire an attorney to prepare for the Preliminary Hearing. If indicted then file a motion to suppress. Apparently you talked alot, all of which will be admissible against you. Getting stopped for speeding is a good stop.
Q: Will a first-time DUI and drug charge lead to jail time in California?
I am facing a first-time DUI and drug charge in California. I have never been stopped by the police before this incident. After crashing into a parked vehicle, THC was found in my urine and blood tests taken by police. Given these circumstances, am I likely to face jail time for these charges?
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James L. Arrasmith
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answered on Oct 31, 2025
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answered on Oct 31, 2025
In California, a first-time DUI involving drugs such as THC is typically treated as a misdemeanor, especially if no one was injured. However, since your case involves a crash—even with only property damage—the court may take it more seriously. For a first-time DUI, penalties usually include... View More
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