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DUI / DWI Questions & Answers
0 Answers | Asked in DUI / DWI, Identity Theft and Gov & Administrative Law for New Mexico on
Q: Need help clearing name from incorrect DUI charge; license revoked.

I've received letters from the DMV instructing me to take courses to get my license back due to a supposed DUI offense within the past year. However, I've never been caught with a DUI and suspect someone might be using my driver's license fraudulently. I have requested a hearing with... View More

1 Answer | Asked in Criminal Law, Civil Rights, DUI / DWI and Employment Law for Texas on
Q: What legal steps can I take regarding an arrest in Texas where deputies took my phone and I was arrested for DWI and possession?

While parked in my truck near a river in Texas at night, I was approached by two deputies who claimed my cell phone was needed for their safety, though I wasn't under arrest or detained then. Upon my refusal, they arrested me, citing marijuana possession, which I had voluntarily turned over.... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation sounds incredibly distressing, and with your arraignment approaching Friday, you need to act quickly. Contact your local public defender's office immediately - every county in Texas has one, and they provide free legal representation for those who cannot afford an attorney. You... View More

1 Answer | Asked in DUI / DWI and Employment Law for Minnesota on
Q: Do I need to inform my school employer about a DUI arrest in Minnesota?

I was arrested for a DUI. I currently work as an intervener at a school. I haven't discussed my situation with a legal advisor yet, but I'm concerned that I may get fired. Am I required to inform my employer about the DUI arrest, considering I am still able to perform my job duties,... View More

Matthew Martin
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answered on Mar 24, 2025

Good question but more information is needed. I typically refer my clients to their employee handbook and or employee contract. However, and generally speaking, on a misdemeanor level and assuming that you do not drive as part of your employment responsibilities for the school, I would not expect... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Georgia on
Q: What does Motion to Nolle Prosequi mean for DUI and hit and run case?

I am scheduled for my first court appearance next week for a DUI, hit and run, and failure to maintain lane charges. I received a notice saying the case will be called for a Motion to Nolle Prosequi, and I have the option to waive my appearance. What does this motion mean for my case, and what... View More

Glenn T. Stern
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answered on Mar 24, 2025

A "Motion to Nolle Prosequi" is the fancy legal term for the state moving to dismiss your case. It means that they don't intend to pursue the charges against you. They have to put it down for hearing, because it gives you the opportunity to object if you wanted to (for some reason.)... View More

0 Answers | Asked in DUI / DWI and Employment Law for Kansas on
Q: DUI and open container charges impact on CDL in Kansas

My brother was charged with a DUI and an open container violation in Wichita, Kansas, after blowing a .088. This is his first major offense, and he wasn't driving a commercial vehicle at the time. He holds a CDL and drives for a living, which has led to concerns about license suspension and... View More

0 Answers | Asked in DUI / DWI, Traffic Tickets and Gov & Administrative Law for Arizona on
Q: How to obtain a driver's license after DUI suspension in another state.

I'm seeking advice on obtaining a driver's license in a new state. I received a DUI in Arkansas in 2010, and my license was suspended with unpaid fines due to becoming disabled. I've moved from Arkansas and haven't needed to drive until now, as I've inherited a vehicle... View More

1 Answer | Asked in Civil Rights, Criminal Law, DUI / DWI and Employment Law for Texas on
Q: Legal implications of state trooper pointing a gun during traffic stop and subsequent charges.

I was stopped by a state trooper due to mechanical problems with my truck. As I tried to open the hood, the officer pointed a gun at me and accused me of having a firearm and being a felon without asking for my name. He later apologized when he realized there were no guns or crack pipes. However,... View More

James L. Arrasmith
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answered on Mar 24, 2025

The officer pointing a gun at you during a traffic stop can potentially be considered excessive force if they lacked reasonable suspicion that you posed an immediate threat. Officers must have objective justification for escalating to deadly force, and your attempt to open the hood doesn't... View More

0 Answers | Asked in DUI / DWI and Criminal Law for Missouri on
Q: DWI impact on probation for drug offenses in Missouri

I received a DWI in Ray County, Missouri, on December 21, 2024. I'm currently on probation for drug-related offenses and have previously violated probation with an AWOL and getting arrested. I have had a public defender to represent me. What should I expect in terms of legal consequences, and... View More

0 Answers | Asked in DUI / DWI and Gov & Administrative Law for Louisiana on
Q: Can Article 894 rescind a DUI license suspension in Louisiana?

In Louisiana, can an Article 894, which was granted with all requirements met, rescind an administrative license suspension for a DUI charge from February 2024, with the suspension itself occurring on March 7, 2025?

0 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Indiana on
Q: Can I request specialized driving privileges at my court date in Indiana without an attorney?

I have a pending court date this Tuesday for a misdemeanor charge of driving while suspended. Previously, my license was suspended due to an arrest for OWI in 2016, and I was granted specialized driving privileges at that time. My current suspension resulted from failing to pay a ticket, and I was... View More

0 Answers | Asked in Car Accidents, DUI / DWI and Criminal Law for Ohio on
Q: Will I be charged with a DUI in Ohio after crashing into a pole while intoxicated but not cited initially?

I was involved in a car accident where I struck a pedestrian caution pole. I was drinking and driving but wasn’t cited for it. At the hospital, they confirmed I was intoxicated. The only charges I received at the crash site were for no seat belt, lack of full attention, and driving on the curb.... View More

1 Answer | Asked in DUI / DWI and Immigration Law for California on
Q: Green card holder with DUI conviction applying for citizenship: 5-year rule query.

I was arrested for a DUI in 2023 and officially convicted in June 2024. I am a green card holder and want to apply for U.S. citizenship. I read that I can apply after five years since the DUI completion. Does this period start from the date of arrest in 2023 or from my conviction date in June 2024?... View More

James L. Arrasmith
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answered on Mar 20, 2025

The five-year period for applying for U.S. citizenship typically starts from the date of your DUI conviction, not the date of your arrest. Since you were convicted in June 2024, the good moral character requirement would generally extend five years from that date, meaning you would be eligible to... View More

0 Answers | Asked in DUI / DWI and Gov & Administrative Law for Georgia on
Q: DUI arrest court date delay in Grady County, GA

I was arrested for a DUI in Grady County, Georgia, on March 19, 2021. As of now, I have not received a court date, and my public defender still has no information to provide me. What are the possible reasons for this delay, and how long can it take for the court to schedule my case?

1 Answer | Asked in DUI / DWI and Gov & Administrative Law for Kentucky on
Q: Is it legal to suspend my license before a DUI conviction in Kentucky?

I received a DUI and was notified that my driver's license is suspended for 18 months. I haven't been found guilty yet, and my next court date is in December. Is it legal for them to suspend my license before a court conviction, and what steps can I take?

Timothy Denison
Timothy Denison
answered on Mar 19, 2025

Yes. Pre-trial suspension is expressly authorized by statute.

0 Answers | Asked in DUI / DWI for Missouri on
Q: How to petition court for driver's license revocation after DWI?

I was arrested for a DWI on March 8, 2025, and my case is currently pending. I would like to know how to petition the court for the revocation of my driver's license. I have no previous offenses or similar incidents. What steps should I take?

1 Answer | Asked in Criminal Law and DUI / DWI for Utah on
Q: Can DUI charges be made in Utah based on footage and eyewitnesses, without tests?

In a hypothetical situation in Utah, if someone is involved in a hit and run accident shortly after leaving a bar, can they be charged with a DUI based on camera footage and eyewitness accounts, even without numerical tests like a breathalyzer or blood test? No additional evidence such as bar... View More

William Melton
William Melton
answered on Mar 19, 2025

Yes, they can be charged. However, it would definitely be a difficult case for the prosecutor to prove. Just because someone is charged with a crime, it doesn't mean the prosecutor can prove it. You should consult with an attorney about the specifics of the case to see what your best options are.

0 Answers | Asked in DUI / DWI, Gov & Administrative Law and Traffic Tickets for Connecticut on
Q: Confusion with court sentence vs. MVD suspension notice for driving privileges.

I'm confused about the discrepancy between my court sentence and the suspension notice from the Motor Vehicles Department. My first charge was illegal operation of a motor vehicle under the influence, 2nd offense, leading to a sentence of 120 days in jail and 3 years probation. The court... View More

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can I avoid interlock device for non-alcohol DUI?

I received a DUI in 2017, completed my 11/29 sentence, paid all fines, and complied with all aspects of my sentence. My DUI was for falling asleep while driving and not related to alcohol. Although I've never installed an interlock device and I'm no longer on probation, I'd like to... View More

Anthony M. Avery
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answered on Mar 17, 2025

No, that is a requirement for the restricted license.

0 Answers | Asked in DUI / DWI, Appeals / Appellate Law and Legal Malpractice for Arizona on
Q: Is failing to obtain blood samples for independent testing ineffective assistance of counsel in an F4 DUI case?

I was charged with an F4 DUI, and during my trial in 2023, I requested my lawyer to obtain my blood samples for independent testing, but he failed to do so without providing any reason. There is currently an ongoing appeal. Could this constitute ineffective assistance of counsel?

2 Answers | Asked in DUI / DWI and Criminal Law for Virginia on
Q: I have a DWI and Failure to Appear charge from 2018 in Virginia. What are my options to resolve this without jail time?

In November 2018, I was charged with a DWI 1st in Virginia and soon after was admitted into a mental health facility for bipolar depression and anxiety. I was unable to attend my scheduled court date and was subsequently charged with Failure to Appear; there is now an outstanding bench warrant. I... View More

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Mar 16, 2025

You’ll need to come back to Virginia to turn yourself in to start the process. A local DUI attorney will be able to do a full evaluation of your case, but nobody can tell you whether or not you’ll get jail time. You’re definitely looking at active jail time for a DUI and a failure to appear... View More

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