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DUI / DWI Questions & Answers
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
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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
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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.

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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
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answered on Sep 11, 2024

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

1 Answer | Asked in DUI / DWI for Illinois on
Q: DUI in 1998 never carried SR22 insurance are paid my fines haven't had a license since then what will I have to do to

I haven't had but driving on suspended since 1998 since I lost my license I don't drink anymore

Theodore J. Harvatin
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answered on Sep 7, 2024

I assume you are revoked. You must have a hearing with the Illi Secretary of State.

That requires obtaining a drug and alcohol evaluation, completing required classes and proving to the secretary at the hearing that you can be a safe and responsible driver, if given driving privileges....
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1 Answer | Asked in Car Accidents, DUI / DWI and Health Care Law for California on
Q: I was take to the hospital after a DUI GIVIN A PINK SLIP NO BAC OÑ ON TICKET SAID DUI AND OTHER 10DAYS DAYS TO ÇALL DMV

Week later city bill 1100 I asked Dr what am I going here they said I have not given anyone consent to draw my blood or do any type of testing and this was 3 hours after the officer left they said my BAÇ was a 1.8 after I had them check I'm pretty muched f©©k?

James L. Arrasmith
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answered on Sep 4, 2024

It sounds like you're dealing with a complex situation. First, if your blood was drawn without your consent after the officer left, you may want to challenge the legality of that blood draw. In California, implied consent laws allow for chemical testing in DUI cases, but there are specific... View More

1 Answer | Asked in DUI / DWI for Michigan on
Q: Is there anyway to request a full license and removal of my interlock device? I’ve completed all tasks but Sos says 2027

I restored my license from revoked status October of 2022.

Brent T. Geers
Brent T. Geers
answered on Sep 6, 2024

The 2027 date is probably when you are eligible after having your license revoked. You should consult with a local attorney experienced in driver license restoration to see if you have options such as a hardship or circuit court appeal. However, it's likely that if driving at all is important... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for South Carolina on
Q: If i refuse an officer to search my vehicle can he then state that he thought i was under the influence

I was pulled for "speeding " never got a speeding ticket and he didnt say anything about being under the influence untill after i refused him to search my vehicle

James L. Arrasmith
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answered on Aug 31, 2024

When you refuse to allow an officer to search your vehicle, it’s important to know that this alone does not give them probable cause to accuse you of being under the influence. However, if the officer genuinely believes you are impaired based on their observations—like your behavior,... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for South Carolina on
Q: If i refuse an officer to search my vehicle can he then state that he thought i was under the influence

I was pulled for "speeding " never got a speeding ticket and he didnt say anything about being under the influence untill after i refused him to search my vehicle

James L. Arrasmith
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answered on Aug 31, 2024

In South Carolina, if you refuse to allow an officer to search your vehicle, that alone does not give the officer a reason to claim you're under the influence. However, officers may use other observations, like the smell of alcohol, slurred speech, or erratic behavior, to justify their... View More

2 Answers | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: How can I get my license plate reinstated when I was the passenger of my vehicle and the driver had a revoked license.

The driver was arrested for a warrant, a DUI, and revoked license

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 28, 2024

You can go to the DMV for new plates. I doubt that you simply have your original plates reinstated particularly if you permitted someone who was drunk and did not have a license to drive your car.

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2 Answers | Asked in DUI / DWI for Texas on
Q: Is there a way to look up if I’ve been released from my breathalyzer
Trey Porter
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answered on Sep 22, 2024

Yes - there are two ways to find out if you've been released from a breathalyzer device. The first place is Texas DPS: https://txapps.texas.gov/txapp/txdps/dleligibility/login.do. Check your driver's license eligibility page to see if the ignition interlock device is still listed as a... View More

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1 Answer | Asked in DUI / DWI, Family Law, Car Accidents and Child Custody for California on
Q: If my co parent was a convicted felon for DUI vehicular man slaughter will the judge see him as incompetent parent?

He’s been out for 1 1/2 years now and my attorney is taking their sweet time to file a change of order from 2017. I was dumb to take word of mouth to think everything will be fine when he came out and didn’t change the custody order. 2 months after he came out he wanted to follow the court... View More

James L. Arrasmith
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answered on Aug 22, 2024

Winning a custody battle depends on several factors, including the best interests of the child, which is the primary concern for the court. The judge will consider your co-parent's past conviction, especially since it involves DUI vehicular manslaughter, and weigh it against their current... View More

1 Answer | Asked in DUI / DWI and Immigration Law for Michigan on
Q: Not allowed entry into Canada and I must go through Criminal Rehabilitation.

I have had three DUIs, the last DUI was 7 years ago and have completed probation. I was told that it would take 10 months and I would like to do this myself. Thank you

James L. Arrasmith
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answered on Aug 22, 2024

If you have three DUIs and want to enter Canada, you will likely need to go through the process of Criminal Rehabilitation. Since your last DUI was seven years ago and you've completed probation, you're eligible to apply. It's important to gather all relevant documents, including... View More

1 Answer | Asked in DUI / DWI for Nebraska on
Q: Can I be followed by a cop because he heard me hit the rumble bars?

He was on the side of the road and heard me hit the rumble bars and flipped around to follow me then pulled me over for dui.

Rich Maloumian Jr.
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Rich Maloumian Jr.
answered on Sep 3, 2024

Driving erratically can generally be a legal basis for being pulled over. Specifically driving out of a designated lane onto the shoulder where the road is serrated may give an officer probable cause to follow a vehicle and initiate a stop. The officer’s observations of how the vehicle was... View More

2 Answers | Asked in DUI / DWI for Tennessee on
Q: I was arrested for DUI in TN. I take a few prescription medications that could be sedating. What are the maximum charges

Clonazepam for sleep, Lyrica for pain, and a intrathecal medication pump that contains fentanyl.

Anthony M. Avery
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answered on Aug 19, 2024

Hopefully you did not submit a blood test. Those drugs will show up and will be insurmountable unless it was an illegal stop. If 1st offense, 11 mo/ 29 days in jail, $350 fine and costs. DUI is an expensive crime. You will probably serve 48 hrs but lose your DL. Blowmeter may be an... View More

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3 Answers | Asked in DUI / DWI and Traffic Tickets for Minnesota on
Q: I was on private property, and was not in my vehicle at the time of the stop. Can the cop still stop me
Robert Kane
Robert Kane
answered on Aug 18, 2024

Mostly likely yes, if you was on private property, and was not in your vehicle at the time of the stop, the cop can still stop you. Was it your private land? If not, it doesn't probably matter.

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1 Answer | Asked in DUI / DWI for California on
Q: My fiancé is in county jail and set to be released in September with a year of probation but has a DUI case in another

County. What happens now? Will he be picked up by the other county?

James L. Arrasmith
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answered on Aug 17, 2024

When your fiancé is released from county jail, it's possible that the other county with the pending DUI case may place a hold or warrant for his transfer. This usually depends on the severity of the case, court schedules, and coordination between the counties. If there's an active... View More

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