California DUI / DWI Questions & Answers

Q: went to dmv to get my license was told i had to complete 18 month sb38 is there anyway around this in california

2 Answers | Asked in DUI / DWI for California on
Answered on Apr 9, 2019
Mr. Hudson Thomas Bair's answer
No, probably not, you can call Mandatory Actions, 1.916.657.6525 and ask directly but it's unlikely unless you live out of state.

Q: I have a suspended California driver’s license, for my 2nd DUI.

2 Answers | Asked in DUI / DWI for California on
Answered on Apr 7, 2019
Dale S. Gribow's answer
More info is needed to properly evaluate your case. Was Texas arrest on Calif BW?

A BW is issued what a defendant does not do everything demanded by the court on their plea.

However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear. Which court is that?

In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.

Most criminal and...

Q: I got arrest I’m 2008 and the jail put my day of birth wrong. I would like to know when I go to ca d Dmv and put m

3 Answers | Asked in DUI / DWI for California on
Answered on Mar 23, 2019
Dale S. Gribow's answer
More info is needed to properly evaluate your case. Are you saying you had an arrest in 2008 and case is pending or over? i would need more info to advise you if you should alert DMV. However as a rule i think we should not wake sleeping dogs.......you did nothing wrong, the jail did.

However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear.

In other words, I am in Palm Springs and you don’t...

Q: Is there an ADIS-equivalent class here in California?

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Answered on Feb 26, 2019
Dale S. Gribow's answer
more info needed.

however, you have to look to what Washington demands.

we are doing the same thing with a Calif DUI with a client living in Hawaii.

the best thing is to check with a company that handles it in your state and see if they can refer to someone.

a class is often ok for the court but not for our DMV.

Q: Is it possible to over turn a DUI conviction?..like when they say you blew a .89 and your 5'11"@ 160..help pls

3 Answers | Asked in Divorce, DUI / DWI, Employment Law and Personal Injury for California on
Answered on Feb 21, 2019
Alexander Bakhache Perez's answer
You should contact a local attorney that handles DUI cases near your area to ask for a free consult and review the facts of your case. The case will depend on how the evidence was obtained and the details regarding the stop and arrest as well as review the procedure and evidence that is in your case (facts)

Talk to an attorney in more detail and call for an apt. Good Luck

Q: Can I sue for defamation of being accused of DUI when I was pulled over and never charged

1 Answer | Asked in DUI / DWI and Small Claims for California on
Answered on Feb 10, 2019
Dale S. Gribow's answer
more info needed but anyone can sue for anything at any time.

the question is will you win and do you want to spend the money on an attorney billing you hourly for their work.

my suggestion is save your money..

Q: what is the penal code for DUI in ca.?

1 Answer | Asked in DUI / DWI for California on
Answered on Feb 5, 2019
Mr. Hudson Thomas Bair's answer
It isn't part of the Penal Code, it's codified in the Vehicle Code, there are several sections.

Q: Is not offered choice of a Urine Test in CALIF Dui arrest, a valid defense against a "chemical test refusal charge?

1 Answer | Asked in DUI / DWI for California on
Answered on Jan 21, 2019
Dale S. Gribow's answer
NO

calif no longer offers Urine tests b/c they have been determined to not be as accurate as

blood and breath......

Q: How do I get someone's insurance and driver license after an accident after he is arrested?

5 Answers | Asked in DUI / DWI and Car Accidents for California on
Answered on Jan 19, 2019
Mr. Hudson Thomas Bair's answer
Call the police, if the driver was arrested they will have the information you need. You should have "uninsured motorist" coverage which will help you if the other driver is uninsured, there is also a restitution process that may be initiated if the other driver is found guilty of a criminal offense.

Q: California dept of child support services license reinstatement , effective when they release or when DMV reinstates ?

2 Answers | Asked in Criminal Law, DUI / DWI, Family Law and Traffic Tickets for California on
Answered on Jan 19, 2019
Steven McNicholl's answer
The DMV is its own separate system from the court and DCSS. You need to contact the DMV to determine the status of your license and reinstate through them. Nothing outside the DMV will automatically reinstate your drivers license.

Q: I blew through a breathalyzer, but was not told what my BAC level was? the same thing happened at the station

2 Answers | Asked in DUI / DWI for California on
Answered on Jan 15, 2019
Mr. Hudson Thomas Bair's answer
You should contact a local DUI Defense Attorney to discuss the facts and possible defenses. Many DUI Defense lawyers offer free consultations, if you were sober and did well on the field tests a lawyer should be able to use that to your advantage.

Q: I missed the day to sign up for dui classes and I was told to ask judge for an extension will I be arrested if I go to

1 Answer | Asked in DUI / DWI for California on
Answered on Jan 9, 2019
Steven McNicholl's answer
By not signing up for the DUI class you are in violation of probation. Many factors will determine if you are taken into custody. It is possible that the District Attorney will reinstate the terms of your probation, meaning the original terms will still be put back in effect. It will largely depend on the facts and circumstances of your case.

Q: Should I fight my DUI case

3 Answers | Asked in DUI / DWI for California on
Answered on Jan 4, 2019
Dale S. Gribow's answer
more info needed

if you don't fight you lose your license for 1 yr automatically.

if you have the money fight it or ask for court appointed lawyer to look into your defenses

Q: I've been refused a J1visa twice due to a DUI for ommitting the arrest on the application, how can I be able to use esta

1 Answer | Asked in Criminal Law, DUI / DWI, Immigration Law and International Law for California on
Answered on Jan 4, 2019
Allen C. Ladd's answer
You will not be able to travel to the USA with a DUI arrest (even without conviction) within the past 5 years, because you are a public danger. You will need to get clearance from a "panel physician" who is on contract with the US consulate in France. Go to the consulate's website, or go to www.aila.org to look for a US immigration attorney in France, for further guidance. (If you don't find one in France, go to Germany in the listings, there are several I know of who handle this matter.)...

Q: I blew a 0.09 and got a dui what are the chances of me getting it reduced to a wet and reckless im in nursing school and

3 Answers | Asked in DUI / DWI for California on
Answered on Dec 23, 2018
Omid Rejali's answer
Did you blow a 0.09 on the PAS device? (Preliminary Alcohol Screening). Why were you pulled over? There are many questions that a qualified attorney would need to speak to you and ask you about to evaluate your case further. It is definitely worth contacting an attorney and speaking with them over the phone as this is not the proper forum to discuss those types of things.

Q: Do duis go by the date filed or the dates the dui happened I received a dui and was arrested 11/16/2008 and charges

1 Answer | Asked in Criminal Law and DUI / DWI for California on
Answered on Dec 21, 2018
Alexander Bakhache Perez's answer
The date the plea was entered into, the latest date, but it is an argument to make, either case you have 3 other DUI's within 10 years - you will need a lot of help to negotiate this or fight the case since the consequences are high for you.

all in the same state and same county for the DUI's. Have few questions to go over feel free to call for a free over the phone consultation.

Q: Can the penal code on a citation be changrd or altered after the citation is given?

3 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Answered on Dec 20, 2018
Dale S. Gribow's answer
more info needed.

yes, they can change code sections.

the officer arrest for what s/he thinks has been done wrong and the filing DA then decided what laws to file on.

they often a not ready at an arraignment and then instead of notifying you they just file as a BW............totally wrong but one all the time.

Q: Will a second DUI get jail time?

2 Answers | Asked in DUI / DWI for California on
Answered on Dec 17, 2018
Bernard Crane's answer
In most places, yes. Perhaps not a lot of jail time, but many jurisdictions now have mandatory time for a second offense.

Q: What will happen to my insurance with a wet reckless?

2 Answers | Asked in DUI / DWI for California on
Answered on Nov 16, 2018
Mr. Hudson Thomas Bair's answer
Your results will vary depending on who your insurance company is and the DMV outcome. If you get a "wet" reckless in court but lose the DMV hearing you will still be required to file an SR-22 which will trigger additional consequences with your insurance company. You should discuss this with both your lawyer and your insurance person.

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