Ask a Question

Get free answers to your DUI / DWI legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for South Carolina on
Q: I was arrested on 9/27 for DUI. BAC .17 via Breathalyzer at the jail. Reason for stop was speeding. No Criminal Record!!

No Criminal History and Driving Record is pretty spotless. Should i just plead guilty since i blew and was well over? And is it possible that doing so will help possibly get me a lighter sentance, like maybe no jail time and just a fine with the mandatory IID, suspensions, and all the other things... View More

Casey Brown
Casey Brown
answered on Oct 7, 2024

Retaining an experience criminal defense attorney is a good way to make sure that your rights are upheld, the State has evidence to prove their case, and protect you as the matter proceeds through the legal system. DUI in SC is a nuanced law that has many different issues. The law has also changed... View More

View More Answers

1 Answer | Asked in DUI / DWI for Georgia on
Q: My lawyer hasn't contacted me in a year and now I have court tomm..Should I fire him?

Court appointed attorney hasn't communicated with me at all..nothing in a year.

I got a messagefrom the courts I have court tomm and still haven't heard from him.

Robbie Levin
Robbie Levin
answered on Oct 6, 2024

I suggest you call your lawyer. If it’s an arraignment, your lawyer may have filed a waiver, and you might not need to appear in court. The clerk could probably also tell you if a waiver has been filed.

Otherwise, you need to appear in court. Hopefully your lawyer will be there, and...
View More

1 Answer | Asked in Traffic Tickets and DUI / DWI for Tennessee on
Q: if you can get your drivers license in tennessee can you set up payment plains if still owe court cost
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 7, 2024

You might talk the Court Clerk into a conditional release upon payment, which will require approval of the DOS. They do not have to. Easier to pay in full and get the TNDL.

1 Answer | Asked in DUI / DWI for Virginia on
Q: I live in Va I got arrested in 2016 in nc I was never charged or went to court it’s now 2024 what can they do to me now?

I’m trying to get my va license and the have put a stop on me from getting my license

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 4, 2024

It sounds like you have something outstanding in North Carolina. You're going to want to find what's holding you up from getting a license in Virginia. It sounds like you have a charge but you're going to have to do investigating in North Carolina.

1 Answer | Asked in DUI / DWI for California on
Q: How can I expunge my dui
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2024

Expunging your DUI in California involves several steps that you can follow to clear your record. First, you must complete all the requirements of your DUI conviction, including paying fines, attending mandatory alcohol education programs, and fulfilling any probation terms. It's essential to... View More

2 Answers | Asked in Legal Malpractice and DUI / DWI for Tennessee on
Q: If I magistrate refuses the report because he wanted a search warrant the policeman is it legal to change the report

The police was trying to get a search warrant to take my blood and he wrote the report the way everything happened but because I was not driving the magistrate turned the report down and refused to give a search warrant so then the policeman came back outside got in the car and totally changed the... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 2, 2024

If a SW was issued for your blood, then a Motion To Suppress will probably fail but might be worth trying. If your statements are not used in evidence against you, then the lack of mirandizing is irrelevant.

View More Answers

1 Answer | Asked in DUI / DWI for Texas on
Q: I got a dwi in june 2023 at 17 then i picked up another one the same year but was only charged for the second one

i just got a call from court telling me i have court for my first dwi offense, will i go to jail?I’m currently on probation for the second dwi but like i said my first one was never charged or called up for court until now 1 year and 2 months later

Jim  Butler
PREMIUM
Jim Butler pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 1, 2024

You need to hire an experienced DWI Defense Attorney to help you with this one. That would be my first call. Most attorneys will give you a free consultation. My second call would be to a Bonding Company. Are you currently out on bond on the second DWI - the one you were charged with? If so, I... View More

2 Answers | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: Can a person win a dwi case involving drugs if they were profiled? Or if the person did not know they were committing a
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 1, 2024

Did not know they were committing a what? Law enforcement needs reasonable articulable suspicion to pull someone over. They would then need probable cause to place that individual under arrest and probable cause to get a warrant to seize their blood or urine. Get an attorney on board to review... View More

View More Answers

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Tennessee on
Q: I got charged with a dui the cop said we’re driving under the influence of smoking marijuana. They found marijuana in

Car which which is my mother‘s car and my family has been trying to get rid of me since my fiancé died and I’ve been staying at my grandmother‘s house. It was not my marijuana and I don’t smoke. I took a blood test and my medication’s are fine. I’ve been on them for a while, I just got... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2024

You should never give a blood test. Any chemicals in your system will be used as evidence of influenced driving. Hire a competent attorney, and quit thinking your prescriptions are legal for driving.

1 Answer | Asked in DUI / DWI for California on
Q: Is there any reason why my DUI charge would be removed from court records
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 27, 2024

It’s unlikely that a DUI charge would be removed from court records without a specific legal reason. Generally, DUI charges stay on record unless they are expunged, dismissed, or you’re acquitted. Expungement typically happens after the completion of your sentence, and even then, it may only... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: I have caught three dwi in less than one year

I got 3 dwi in less than one year. I have not been convicted on any. I had gone to court before getting my third one & had been admonished by the judge. I have court again next week. How much jail time am I looking at ?

Jim  Butler
PREMIUM
Jim Butler pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 2, 2024

If I understand your question correctly - and assuming these are the only charges you have on your record - the maximum jail time you could receive is up to 180 days in jail and up to a $2000 fine. But those are the maximum punishments - not what's likely to happen. It's fortunate that... View More

3 Answers | Asked in DUI / DWI and Constitutional Law for Illinois on
Q: Can a judge stop DA FROM Dropping MY CASE ON MARCH 5 STATE SAID THEY DONT HAVE NO CASE Said they GOING DISMISS MY CASE

Judge stop DA FROM DROPPING MY CASE SAID NO AND ASSIGNED ANOTHER DA CAUSE HE'S PREJUDICE

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 25, 2024

No.

A presiding judge rules on the motions, evidence and merits, he does not “dismiss” a case. The judge may find a defendant not guilty (acquitted), but an outright case dismissal lies within the prosecution agency (either a district attorney’s office or state attorney’s office,...
View More

View More Answers

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I was given a citation for DUI in 2016. I failed to appear, as there was no date on my citation to appear. I was not

booked just sent home and told that they'd be in touch. I also did implied consent and they drew my blood anyway. I spoke with a paralegal who said it didn't matter that it wasn't on the citation that they would have told me I had 10 days. I was never told that. If I can have the... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 25, 2024

Hire an attorney to turn you in at Court, probably off the Docket. Your TNDL is probably suspended. Have money ready to pay fines and costs. This is not something you can do yourself obviously.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: MN WARRANT IS ISSUED FOR BLOOD OR URINE TEST, ARE YOU OBLIGATED TO SUBMIT TO BOTH?

I WAS TOLD THAT I HAD TO SUBMIT TO A BLOOD TEST AND DID. THE PARAMEDIC POKED ME 2X ON EACH ARM AND COULD NOT GET BLOOD, THEN I WAS ORDERED TO GIVE A URINE TEST. WAS NOT GVEN A CHOICE WITH EITHER.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 25, 2024

You are still required to submit to a urine test if they are unable to get a blood sample and vice versa.

1 Answer | Asked in Criminal Law and DUI / DWI for Georgia on
Q: Would a dwi with a non-injury hit and run be put on my record as a felony or misdemeanor. This happened in 1984.

I live in Georgia and the offense was in Louisiana. Otherwise my record is clean except for a few traffic tickets in the mid 90’s

Candace Alynn Hill Duvernay
PREMIUM
Candace Alynn Hill Duvernay
answered on Oct 16, 2024

You need this answered by a Louisiana barred attorney because they would know the affect of a conviction from that state. If this were a Georgia DUI/DWI, unfortunately it would still be on your record. Georgia is very strict in the ability to restrict convictions, however, Louisiana may not be.

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Minnesota on
Q: can you smoke cannabis between the time of your arrest for a DWI and before your court date ?
Thomas C Gallagher
Thomas C Gallagher
answered on Oct 9, 2024

That would depend upon things not stated in the question. For example, if the judge's Pretrial Release Order provides for Conditional Release, and one of the conditions is "no use of alcohol or non-prescribed drugs" or similar, then smoking cannabis would violate that condition.... View More

1 Answer | Asked in Consumer Law, Criminal Law, DUI / DWI and Personal Injury for Washington DC on
Q: I worked at a delivery company (last day 9/1) On 8/4/24, between 730/830AM I made the decision of consuming a 16 oz beer

on my way to my first delivery. Our vans have dash cams. At 1140AM, after completing a delivery. I got back into my work vehicle and got into an accident in which I scuffed up the other drivers passenger side of car as well as knocked over pass side review mirror as I was leaving my parking space... View More

Laurence L. Socci
Laurence L. Socci
answered on Sep 17, 2024

If you were not tested for a DUI, you won't be charged with it. As for fraud, if you were not inebriated by the beer you had earlier in the day, you had no duty to disclose it.

1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: Help with withdrawing a plea
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 16, 2024

Withdrawing a plea in California can be a challenging process, but it is possible under certain circumstances. You generally have the right to request to withdraw your plea if you can show that it was not made voluntarily, intelligently, or knowingly. This could happen if you were misled, did not... View More

4 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: I was involved in a hit an run, and i want to know if i can sue the other driver.

After the other driver backed into me and hit my car from the front left side, she drove off into the neighborhood and i followed her but sped off in another direction, then I lost her. My friend who was in the passenger seat called the police for me to file a report. Shortly after, the police... View More

William John Light
William John Light
answered on Sep 15, 2024

You can sue but it's a giant waste of time. You aren't injured and your insurance company will pay to repair the property damages without the time and money of a lawsuit.

View More Answers

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I got my license suspended 7 years ago for a DUI and I paid it off and paid reinstatement fees and still can't get it.

All fines and court costs have been paid as well as the reinstatement fee ... But they still want sr22 and I can't afford it ... But I thought that requirement expired after 3 to 5 years.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2024

You can argue with DOS, but they issue the TNDL. Insurance is always a requirement.

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.