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DUI / DWI Questions & Answers
Q: Seeking advice for husband's public misconduct charge in NJ due to intoxication.
I am seeking legal advice regarding my husband, who received a court summons for misconduct in public under NJ statute 2c:33a-2a1. He was drunk at the time and does not remember the events. He needs guidance on how to address this situation and what legal options might be available to him.
H. Scott Aalsberg
answered on Jul 7, 2025
answered on Jul 7, 2025
He really only has two options. One plead guilty in which case the judge will just sentence him to what he thinks the proper penalty will be. Or choice Two Plead not guilty and either he can represent himself or hire a lawyer. A lawyer will look for any defenses he may have and even if none... View More 
Q: Arrested for DUI in Maryland after refusing sobriety tests. What are my options?
I was pulled over in Maryland for not coming to a complete stop at a stop sign, and an officer suspected I was under the influence due to slurred speech and odor of alcohol. It was my first offense, and although I refused the sobriety tests and was arrested for a DUI, my license was not taken. I... View More
Scott Scherr
answered on Jul 6, 2025
answered on Jul 6, 2025
You need to retain counsel to represent you. You face a lengthy suspension of your license if you blew .08 or above or refused the test unless you file for a MVA hearing within a very short timeframe or elect the interlock for one year. An attorney can advise you of your chances of success at the... View More
Q: Is there a way to obtain a court recommendation letter for DUI class enrollment without seeing the judge?
I have been charged with reckless driving and was required to complete DUI classes. Due to missing court dates, an arrest warrant was issued. I am now more financially stable and have permanent housing. I want to enroll in the DUI program to present in court proof of enrollment and completion of... View More
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James L. Arrasmith
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answered on Jul 4, 2025
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answered on Jul 4, 2025
There’s no way around it: in most California counties, including Los Angeles, if the court is requiring a referral form or “court order” to enroll in a DUI program, you will need to appear before the judge or work through the clerk’s office to reopen the case. If a bench warrant has been... View More
Q: Can a DUI charge be dropped if breathalyzer tests show 0.0 and no alcohol was consumed?
I received a DUI ticket and was placed on a 24-hour hold despite passing three breathalyzer tests with 0.0 results and not having consumed any alcohol. While driving on the highway, I briefly looked down, causing a swerve. The officer was rude, demanded I exit my vehicle, and arrested me for... View More
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James L. Arrasmith
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answered on Jul 4, 2025
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answered on Jul 4, 2025
You can move to have the charge dismissed by showing the court that your breath tests all registered 0.0 and that no evidence supports impairment.
First, file a motion to suppress the traffic stop and subsequent search, arguing the officer lacked probable cause when he detained you after a... View More
Q: Can I sue for wrongful DUI accusation and police actions during the traffic stop?
I was wrongly accused of a DUI by state police who were tailgating me on my return from Philadelphia. I didn't realize it was the police behind me because I couldn't see their roof or headlights. I swerved to avoid a pothole after seeing the car in front hit it, as I was following at an... View More
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James L. Arrasmith
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answered on Jul 4, 2025
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answered on Jul 4, 2025
You may have grounds to pursue a civil rights claim for false arrest and unreasonable seizure because the officers lacked probable cause to detain you for DUI once they discovered your tag was only expired by two days. A lawsuit under Section 1983 of the U.S. Code can hold officers personally... View More
Q: Can we seek dismissal of DMV's additional requirements due to conflicting communication in a DUI safety class following license suspension?
I am facing an issue with the DMV concerning a DUI case. My daughter was required to attend a safety class following a DUI, which she completed, and subsequently received her new license in March 2024. However, the DMV later claimed that her license was suspended, and she was required to attend... View More
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James L. Arrasmith
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answered on Jul 4, 2025
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answered on Jul 4, 2025
You can contest the Mandatory Actions Unit’s new suspension because due process demands actual notice before the DMV imposes further sanctions. When proper notice is absent, the order is vulnerable under Vehicle Code sections 14100 and 14101.
Order an H-6 driver record and the MAU file so... View More
Q: What counts as reportable police contact while on DUI probation in Missouri?
I am on probation for a DUI misdemeanor. My probation officer mentioned I need to report any police contact, but did not clarify what counts as police contact. I had one contact with the police since starting probation, though it was not about me. What should I consider as reportable police... View More
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James L. Arrasmith
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answered on Jul 4, 2025
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answered on Jul 4, 2025
Any time you are stopped, detained, questioned, cited, arrested, or otherwise come into contact with law enforcement—even if no charges are filed—you must report it to your probation officer.
That includes traffic stops, roadside inquiries, or being held while officers investigate... View More
Q: License suspended for not taking breathalyzer, want to regain it
I saw on the DMV website that my driver's license is suspended for one year because I didn't take a breathalyzer test, but I haven't received any official documentation about the suspension. My court date regarding this matter is in August, and I have never had any legal issues or... View More
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James L. Arrasmith
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answered on Jul 4, 2025
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answered on Jul 4, 2025
You must request an OMV administrative hearing immediately under Louisiana’s implied-consent law after a breathalyzer-refusal suspension. Contact the OMV office to obtain the official notice you never received and file your hearing request within thirty days of its mailing date.
Your... View More
Q: Probation ends soon, pled guilty to DUI with prescribed meds only, hearing on Monday. What to expect?
I am nearing the end of my probation for felony possession and have complied with all requirements, including passing drug tests and attending all required classes. Recently, I pled guilty to a DUI, for which my blood test only showed my prescribed medications: Adderall, clonazepam, and gabapentin.... View More
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James L. Arrasmith
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answered on Jul 4, 2025
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answered on Jul 4, 2025
At your hearing, the judge will examine whether your DUI plea—regardless of prescription status—violated the terms of your probation. Even though you were taking medications lawfully, pleading guilty creates a legal admission that you were driving under the influence, which can be enough to... View More
Q: Steps for DUI arrest in Alabama
What must an officer legally do when he suspects a driver is driving under the influence of alcohol in Alabama? What are the specific steps he must take to make a legal arrest?
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
When an officer in Alabama suspects that a driver is under the influence of alcohol, the process must begin with a lawful traffic stop. The officer needs reasonable suspicion that a traffic violation or crime has occurred—this could be swerving, speeding, or even something as simple as a broken... View More
Q: Consequences of failing interlock test on wife's restricted car in VA.
I live in Virginia, and my wife has a DUI and a restricted license requiring an interlock device in her car. The car is registered in my name. I attempted to move the car to mow the lawn and failed the interlock test. I don't have a DUI myself. What consequences might I face, and is there... View More
Daniel P Leavitt
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answered on Jun 28, 2025
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answered on Jun 28, 2025
If you are not subject to a court order/probation then you won't face consequences but your wife might if they think it was her. They often have pictures so hopefully it does. Not sure if she signed anything saying only she can drive. But she's the only one who can get in trouble.
Q: Is the 'Protect Our Communities from DUIs Act' retroactive for a dismissed DWI in Texas?
I'm a permanent legal resident concerned about the 'Protect Our Communities from DUIs Act,' which states that non-U.S. citizens can become deportable due to a DWI. I had a single DWI 25 years ago that was dismissed. Is this bill retroactive, and could it affect my ability to become a... View More
Kevin L Dixler
answered on Jun 28, 2025
answered on Jun 28, 2025
If the law is only in Texas, move out of Texas!
That said, consult with a criminal defense lawyer to determine whether you can be arrested. That is, determine if the law is retroactively applied. If not, then don’t be under the influence and drive.
The Texas legislature seems... View More
Q: Facing probation revocation for DWI due to unpaid fines; seeking advice in Texas.
I was put on probation for a DWI charge in Texas with $4,000 in fines. I've paid most of the fines, leaving a balance of $1,000 or less. Despite completing all required classes and community service, a motion to revoke my probation was filed, likely due to the unpaid balance. Since losing my... View More
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
You’re in a difficult spot, but you’ve already done a lot to show the court that you’re taking your probation seriously. Completing your classes and community service demonstrates commitment, and that matters. In Texas, a probation revocation can’t be based solely on unpaid fines if you... View More
Q: Do I need an ignition interlock for an electric scooter on probation for DWI in Texas?
I am currently on probation in Texas for a DWI and am required to have an ignition interlock device on my vehicle. I don't have any terms of probation concerning other types of transportation. I want to know if I can use an electric scooter to commute to and from work, or if I need to install... View More
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
You're right to be cautious, especially while on probation for a DWI in Texas. Typically, ignition interlock requirements apply only to motor vehicles that are registered, licensed for road use, and capable of exceeding a certain speed. Electric scooters, especially those limited to lower... View More
Q: Why did my DUIs disappear from Pennsylvania court records?
I had two DUIs, the first in 2009 and the second in 2012, both in Pennsylvania. When I search my criminal history on the Pennsylvania court's UJS portal, they no longer appear, even though they used to show up until a few months ago. I haven't changed my name or attempted to have them... View More
Steven Pacillio
answered on Jun 26, 2025
answered on Jun 26, 2025
Since you have gone 7 years without a misdemeanor or felony conviction, your two misdemeanor DUI convictions have been automatically sealed under Pennsylvania's Clean Slate Act, 18 Pa.C.S. 9122.2. If you were to pull your "Access and Review" criminal history report, these two DUI... View More
Q: Unable to get VA license due to old NC DUI; NC lost paperwork, demands retake of classes.
I am unable to obtain a driver's license in Virginia because North Carolina has an alert on the National Driver Register (NDR) due to a DUI case from over 23 years ago. Despite completing all requirements, including classes, North Carolina claims they need me to retake the classes as... View More
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Stephen Patrick Pfeiffer
answered on Jun 24, 2025
answered on Jun 24, 2025
You want to consult with a NC lawyer to help you fight the crazy bureaucratic world of the DMV. A VA lawyer would not be able to correct the issue because you would need the matter cleared by originating state.
Q: Arrested for DUI, not fingerprinted, sheriff requests fingerprints; consult lawyer?
I was recently arrested for a DUI, and they did not fingerprint me at the time. The sheriff's office has called, asking me to come in and provide fingerprints. They did not give a reason for not fingerprinting me initially. Should I go in or consult my lawyer first, considering I haven't... View More
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James L. Arrasmith
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answered on Jun 25, 2025
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answered on Jun 25, 2025
You should absolutely speak with your lawyer before responding to the sheriff's request. Fingerprinting is a standard part of a DUI arrest, and the fact that it was missed does not mean you’re off the hook. Law enforcement may be trying to correct their oversight, but you have the right to... View More
Q: Can I drive with my Indiana hardship license and court papers?
I was granted a hardship license in Indiana. The court allowed me to drive to and from work and for necessities with an ignition interlock device (IID). I assumed I could drive as long as I have the court papers, but I want to make sure this is correct. Is there anything else I should be aware of?
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James L. Arrasmith
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answered on Jun 25, 2025
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answered on Jun 25, 2025
If the court has granted you a hardship license in Indiana, you are legally allowed to drive—but only within the specific terms set by the court. This usually means driving strictly for work, medical appointments, school, or other court-approved purposes. Simply carrying the court papers is not... View More
Q: Do I have to submit to a breathalyzer at a DUI checkpoint?
I was stopped at a DUI checkpoint and the officer asked me to submit to a breathalyzer test, stating it was required at the checkpoint. Do I have to comply with this request?
Hunter J Tzovarras
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answered on Jun 24, 2025
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answered on Jun 24, 2025
Law enforcement needs probable cause to believe you are impaired in order to ask you to submit to a breath test. Portable breath test results are not admissible in Maine to establish a breath alcohol measurement. Only Intoxilyzer test results from a properly conducted test, and State approved... View More
Q: Can I lower a 23152(a) misdemeanor conviction in CA after 10 years with a lawyer's help?
I was convicted of 23152(a) in 2015 as a misdemeanor. Everything related to my sentence, like probation and fines, has been completed, and no additional legal issues have occurred since the conviction. On the court form, only 23152(a) is marked. Can I use a lawyer's help to work with the... View More
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James L. Arrasmith
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answered on Jun 19, 2025
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answered on Jun 19, 2025
You cannot reduce a 23152(a) conviction to a lesser offense after the fact, regardless of how much time has passed. Negotiating with the District Attorney for a wet-reckless plea must occur before or during your original sentencing and cannot be revisited once probation has ended.
You can,... View More
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