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California DUI / DWI Questions & Answers
3 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: Hit by a DUI Driver but my Insurance is minimal

My daughter was driving my car dui driver hit her. My insurance is minimal, even excludes all drivers. Other driver has no insurance. My daughter had to miss work, she just got out of college, so financially struggling. My car no longer works either. Anything else we can do? Thank you

James L. Arrasmith
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answered on Mar 5, 2024

In California, if you're hit by a DUI driver and your insurance coverage is minimal and does not cover the incident, especially when the other driver has no insurance, there are still options available to you. It's essential to know that California law allows individuals in your situation... View More

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2 Answers | Asked in DUI / DWI, Car Accidents and Criminal Law for California on
Q: Does an arrest need to be made before a misdemeanor criminal complaint can be made by a district attorney?
James L. Arrasmith
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answered on Feb 24, 2024

Under California law, an arrest does not need to be made for a district attorney to file a misdemeanor criminal complaint. The district attorney has the discretion to file charges if there is enough evidence to suggest that a crime has been committed and that the accused is responsible. This can... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: Should i fight thia and plead not guilty

I pulled into jack in the box and a police car was on the same drive thru but facing opposite way.. he had a guy pulled over and when i pulled up he walked up to me wirh a flashlight. Saw that i had two alcohol drinks in my cupholder and stepped me out of the. Car. I was carrying a concealed... View More

Nors  Davidson
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answered on Feb 21, 2024

You should always fight every charge! If you plead guilty, you'll be convicted 100% of the time. You should consult with a local attorney(s). Consulations are usually free of charge and if the lawyer is experienced and honest, they can advise you what they an do to help. Lawyers can often... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: Should i fight thia and plead not guilty

I pulled into jack in the box and a police car was on the same drive thru but facing opposite way.. he had a guy pulled over and when i pulled up he walked up to me wirh a flashlight. Saw that i had two alcohol drinks in my cupholder and stepped me out of the. Car. I was carrying a concealed... View More

James L. Arrasmith
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answered on Feb 21, 2024

Given the circumstances you described, it may be worth considering fighting the ticket and pleading not guilty. The fact that your license had expired only two days prior and you were issued a temporary license could potentially be a mitigating factor in your defense. Additionally, if you believe... View More

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2 Answers | Asked in DUI / DWI for California on
Q: I plead guilty to my third DUI about 10 years ago I did not complete my outpatient program classes

I did not complete my outpatient program due to the fact I wasn't able to drive myself to the classes and back home because of my license being suspended so I failed to complete the program subsequent I did not appear in court on my next hearing and have been missing Court hearings ever since... View More

Nors  Davidson
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answered on Feb 21, 2024

A: You're likely still looking at jail time since the warrant remains active and your probation likely stayed for non compliance. While you can continue to live with the warrant as you have the past ten years, if it concerns you my best advise would be to hire a lawyer to add your case to... View More

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2 Answers | Asked in DUI / DWI for California on
Q: I plead guilty to my third DUI about 10 years ago I did not complete my outpatient program classes

I did not complete my outpatient program due to the fact I wasn't able to drive myself to the classes and back home because of my license being suspended so I failed to complete the program subsequent I did not appear in court on my next hearing and have been missing Court hearings ever since... View More

James L. Arrasmith
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answered on Feb 21, 2024

Based on the information provided, the arrest warrant related to your past DUI case will unfortunately not just go away on its own, even after 10 years. However, there are steps you can take to resolve this:

- Consult with a criminal defense attorney. After 10 years, the court may be...
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2 Answers | Asked in DUI / DWI for California on
Q: did my 3 month DUI course, paid my fees but still need to do the HAM progra by March 1. Will i go to jail if not finish
James L. Arrasmith
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answered on Feb 20, 2024

In California, completing a DUI program, including the Hospital and Morgue (HAM) program, is often a condition of probation for DUI convictions. If you've completed your 3-month DUI course and paid your fees but have not yet completed the HAM program by your deadline, it's important to... View More

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3 Answers | Asked in Car Accidents and DUI / DWI for California on
Q: I have been ordered to pay victim restitution due to a DUI for over $24,000 due to their attorney fees.

My insurance settled their injury claim for below my policy limit and they signed a document saying they can no longer pursue me. The document also says it includes their attorney fees. Can the restitution fee be lowered?

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, restitution orders are generally intended to compensate victims for their losses resulting from a defendant's criminal conduct. However, if the victim has already received compensation for their losses through insurance settlement or other means, the court may consider... View More

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3 Answers | Asked in Car Accidents and DUI / DWI for California on
Q: I have been ordered to pay victim restitution due to a DUI for over $24,000 due to their attorney fees.

My insurance settled their injury claim for below my policy limit and they signed a document saying they can no longer pursue me. The document also says it includes their attorney fees. Can the restitution fee be lowered?

Kenny D. Nguyen
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answered on Feb 26, 2024

In California, the restitution amount likely cannot be lowered. However, there might be hope in your case. First, the $24,000 amount is probably the contingency fee amount (usually 1/3 of the victim's total settlement amount) paid to the personal injury attorney for representing the victim in... View More

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1 Answer | Asked in DUI / DWI for California on
Q: Do I have to pay dui cost recovery program if I was never convicted of dui

I was in a car crash and suffered a concussion. I was arrested for possible dui but was never charged or convicted

James L. Arrasmith
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answered on Feb 3, 2024

Under California law, DUI cost recovery fees are typically assessed to cover the expenses incurred by law enforcement and emergency services in response to DUI incidents. However, if you were arrested for a possible DUI but were never formally charged or convicted, the situation may differ.... View More

1 Answer | Asked in DUI / DWI for California on
Q: I was Charged a DUI V.C. 23152(f) “based on Suspicion” not evidence, Blood Test came positive. Trial Conviction Question

I was charged with 2 counts

1) V.C. 23152 (f) DUI Drugs

2) V.C. 11550(a) under the influence of a controlled substance

Despite no actual evidence found at the time of arrest, i was arrested and charged based on suspicion and officer opinion. Later Blood Test Showed Meth... View More

James L. Arrasmith
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answered on Jan 17, 2024

In California, DUI charges under Vehicle Code 23152(f) can indeed be complex, especially when there's a discrepancy in verdicts between related charges. Your situation, where you were found guilty of DUI Drugs but not guilty of being under the influence of a controlled substance, does raise... View More

3 Answers | Asked in Car Accidents, DUI / DWI and Personal Injury for California on
Q: I was injured by a drunk driver who subsequently plead guilty to felony dui with injury & having .16 blood alcohol.

The Judge sentenced the criminal defendant to 3 yrs probation & the usual penalties of a first offense misdemeanor. My victim rights have been violated & the judge sentenced the defendant incorrectly (my opinion) due to various lies, inconsistencies & incompatible statements that the... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 13, 2024

So sorry to hear of what you have been going through. There may be some measure of further justice you can obtain, but the situation is much too complicated to be solved in a question and answer forum such as this. It is unlikely you can have the sentence increased, but it is surprising that... View More

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3 Answers | Asked in Car Accidents, DUI / DWI and Personal Injury for California on
Q: I was injured by a drunk driver who subsequently plead guilty to felony dui with injury & having .16 blood alcohol.

The Judge sentenced the criminal defendant to 3 yrs probation & the usual penalties of a first offense misdemeanor. My victim rights have been violated & the judge sentenced the defendant incorrectly (my opinion) due to various lies, inconsistencies & incompatible statements that the... View More

William John Light
William John Light
answered on Jan 13, 2024

You have no recourse over the sentencing. You have personal injury claims against him. If he has liability insurance or you have uninsured motorist coverage, you can recover monetary damages. If you have underinsured motorist coverage, you might be entitled to additional recovery. Talk to a... View More

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3 Answers | Asked in Car Accidents, DUI / DWI and Personal Injury for California on
Q: I was injured by a drunk driver who subsequently plead guilty to felony dui with injury & having .16 blood alcohol.

The Judge sentenced the criminal defendant to 3 yrs probation & the usual penalties of a first offense misdemeanor. My victim rights have been violated & the judge sentenced the defendant incorrectly (my opinion) due to various lies, inconsistencies & incompatible statements that the... View More

T. Augustus Claus
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answered on Jan 22, 2024

If you were injured by a drunk driver in California who subsequently pleaded guilty to felony DUI with injury and was sentenced to probation, but you believe that your victim rights were violated and the sentencing was incorrect due to inconsistencies in the probation report, you may have recourse.... View More

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1 Answer | Asked in DUI / DWI for California on
Q: How do I find data regarding sentences imposed for CA felony DUI with injurys?
James L. Arrasmith
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answered on Jan 13, 2024

In California, the sentencing for a felony DUI with injury under Vehicle Code 23153 can vary based on several factors. This includes the severity of injuries caused, prior DUI offenses, and other specific circumstances of the case.

For a first-time offense, the potential sentence ranges...
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1 Answer | Asked in DUI / DWI for California on
Q: Supposed to sign up for DUI classes by 1/20 but my appt is on the 23rd after calling today. Will I be in any trouble?

My first DUI. Informal probation and meant to attend dui classes for 9 months. I didn't realize on my form it said to call within three business days to start attending dui classes. I am a couple weeks out from the date stated on my documents for when I should be assigned. I called today and... View More

James L. Arrasmith
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answered on Jan 8, 2024

In your situation, where you're required to sign up for DUI classes by a certain date but have an appointment slightly later, it's understandable to be concerned about potential consequences. It's good that you have taken the initiative to set up the appointment.

Since your...
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2 Answers | Asked in DUI / DWI for California on
Q: I got pulled over for a taillight and was given a field sobriety test and then a breathalyzer, which I blew under twice

They wanted to then give me another breathalyzer test, I refused. Was taken for blood test and then while being booked they found a small amount of cocaine in my purse.

I ultimately passed the blood test, now they are charging me for a controlled substance.

If I was being arrested... View More

Christopher Walsh
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Christopher Walsh
answered on Jan 7, 2024

In this scenario, it will come down to whether or not the police actually had a valid basis to arrest you for the DUI in the first place. If the police had probable cause to believe you were under the influence of alcohol and/or drugs, then the arrest would be proper and the cocaine that was later... View More

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2 Answers | Asked in DUI / DWI for California on
Q: I got pulled over for a taillight and was given a field sobriety test and then a breathalyzer, which I blew under twice

They wanted to then give me another breathalyzer test, I refused. Was taken for blood test and then while being booked they found a small amount of cocaine in my purse.

I ultimately passed the blood test, now they are charging me for a controlled substance.

If I was being arrested... View More

James L. Arrasmith
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answered on Jan 7, 2024

Under California law, the fact that you were initially stopped for a traffic violation and subsequently found not to be under the influence does not prevent law enforcement from charging you with possession of a controlled substance if it was found during the lawful execution of their duties. The... View More

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2 Answers | Asked in DUI / DWI for California on
Q: DMV case was set aside in CA DUI. I have a question about how the DUI classes req. by my criminal case affect that.

I got a DUI in California and I’m required to do a 9mo DUI program.

I didn’t read my paperwork well after court and I’m finding out I’m behind on the deadlines they gave me to start.

On my court paperwork it says that I had 7 days to enroll in the program which I missed.... View More

Christopher Walsh
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Christopher Walsh
answered on Jan 2, 2024

Congratulations on prevailing at the DMV Administrative Per Se Hearing. That makes your pathway a little easier. A lot of folks do not realize that when you get a DUI, you have two battles you are facing, and potentially two DMV suspensions: one from the criminal side, and the other is the DMV... View More

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2 Answers | Asked in DUI / DWI for California on
Q: DMV case was set aside in CA DUI. I have a question about how the DUI classes req. by my criminal case affect that.

I got a DUI in California and I’m required to do a 9mo DUI program.

I didn’t read my paperwork well after court and I’m finding out I’m behind on the deadlines they gave me to start.

On my court paperwork it says that I had 7 days to enroll in the program which I missed.... View More

James L. Arrasmith
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answered on Jan 2, 2024

In California, the DMV and the criminal court systems operate independently in DUI cases. Winning an appeal at the DMV and having your case set aside there primarily affects your driving privileges, not the requirements set by the criminal court.

Since the court ordered you to complete a...
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