Lawyers, Answer Questions  & Get Points Log In
California DUI / DWI Questions & Answers
3 Answers | Asked in Divorce, DUI / DWI, Employment Law and Personal Injury for California on
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
Alexander Bakhache Perez
Alexander Bakhache Perez answered on Feb 21, 2019

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... Read more »

View More Answers

1 Answer | Asked in DUI / DWI and Small Claims for California on
Q: Can I sue for defamation of being accused of DUI when I was pulled over and never charged

I was accused by my brother for hitting his car with my truck and driving drunk. I was pulled over but never found to be drunk. Cops responded to my brothers home and they found that I didn't hit his car. I want to sue for defamation. Do I have grounds to do so?

Dale S. Gribow
Dale S. Gribow answered on Feb 10, 2019

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..

1 Answer | Asked in DUI / DWI for California on
Q: what is the penal code for DUI in ca.?
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Feb 5, 2019

It isn't part of the Penal Code, it's codified in the Vehicle Code, there are several sections.

1 Answer | Asked in DUI / DWI for California on
Q: Is not offered choice of a Urine Test in CALIF Dui arrest, a valid defense against a "chemical test refusal charge?

I refused breath test; chose blood test. Given blood draw consent form; it included statement: "I am NOT a person who has a heart condition and NOT a person who takes anticoagulant medication". Officer was informed I do have a heart condition and I do take anticoagulant medication; I told officer... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 21, 2019

NO

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

blood and breath......

5 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: How do I get someone's insurance and driver license after an accident after he is arrested?

Another car and I were involved in a car accident by a guy who was speeding 80mph. I was hit first, then he tired to get away and hit another car, and then he tired to get away but he only got half a mile before crashing into a school. This happened at night so no students were around.... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jan 19, 2019

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... Read more »

View More Answers

2 Answers | Asked in Criminal Law, DUI / DWI, Family Law and Traffic Tickets for California on
Q: California dept of child support services license reinstatement , effective when they release or when DMV reinstates ?

My license was suspended for falling behind $30 on child support. As a deadbeat father who drives commercially for a living , I understand that this punishment of losing my livelihood is well deserved. Since it made no sense at all to the representative I spoke to at DCSS that this suspension took... Read more »

Steven McNicholl
Steven McNicholl answered on Jan 19, 2019

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.

View More Answers

2 Answers | Asked in DUI / DWI for California on
Q: I blew through a breathalyzer, but was not told what my BAC level was? the same thing happened at the station

I was stopped for a suspicion of drunk driving at 3:30 am. I had a mixed drink at 11:00 pm and two beers after that. I felt completely sober (and I do understand how alcohol could still be in your system even if you don't feel it). I thought I passed the sobriety test since I did everything... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jan 15, 2019

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.

View More Answers

1 Answer | Asked in DUI / DWI for California on
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

I was told I had to put myself back on the calendar to request an exention. Is there a possibility I will be taken into custody for failing to comply. I’m a week and a half over the date I should have signed up by.

Steven McNicholl
Steven McNicholl answered on Jan 9, 2019

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... Read more »

3 Answers | Asked in DUI / DWI for California on
Q: Should I fight my DUI case

I am 19 years old I got the DUI 5 days ago. I was on the side of the road with my hazard lights on(did not get pulled over). CHP approached me and ask if I was drinking I said "no". They smelt alcohol in my car and asked me to perform some test. I know I passed all of them. However, I did not pass... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 4, 2019

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

View More Answers

1 Answer | Asked in Criminal Law, DUI / DWI, Immigration Law and International Law for California on
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

Currently a masters student in France, I was supposed to go on an exchange program with a J1visa in 2019. I have previously travelled to the US several times. The last time, in 2016, I unfortunately got a DUI. I have since gotten a lawyer and took care of it. This year, 2018, i did not mention my... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 4, 2019

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... Read more »

3 Answers | Asked in DUI / DWI for California on
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

A dui would prevent me from being able to get my nursing license for 10 years. This is my first offense

Omid Rejali
Omid Rejali answered on Dec 23, 2018

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... Read more »

View More Answers

1 Answer | Asked in Criminal Law and DUI / DWI for California on
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

We’re filed 11/18/2008 in the 10 years I picked up two more duis and served my time and just recently I picked up a fourth dui on 11/12/2018 and charges were filed 11/16/2018 as a misdemeanor but then dropped then da filed charges on 12/10/2018 for my dui they say I committed on 11/12/2018 ....... Read more »

Alexander Bakhache Perez
Alexander Bakhache Perez answered on Dec 21, 2018

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...
Read more »

3 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: Can the penal code on a citation be changrd or altered after the citation is given?

Original citation 23152 (a)

3 weeks later da changed to 2011 (a)

Issued a bench warrant and never notified me of bench warrant.

Original court date 12/20/2018.

I was informed I could have been arrested if an officer chose to.

12/21/2018 thank you for the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 20, 2018

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...
Read more »

View More Answers

2 Answers | Asked in DUI / DWI for California on
Q: Will a second DUI get jail time?
Bernard Crane
Bernard Crane answered on Dec 17, 2018

In most places, yes. Perhaps not a lot of jail time, but many jurisdictions now have mandatory time for a second offense.

View More Answers

2 Answers | Asked in DUI / DWI for California on
Q: What will happen to my insurance with a wet reckless?
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Nov 16, 2018

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... Read more »

View More Answers

1 Answer | Asked in DUI / DWI and Traffic Tickets for California on
Q: I got pulled over for vehicle code 40603(B) which requires traffic court because I have a suspended license for dui

The ticket was marked an infraction and correctable This is in CA. What will happen when I go to traffic court? Also, on the website it says I simply have to provide proof of correction and pay a small fine. And in the notice from the superior court it says the same thing and that requesting a... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 1, 2018

YOU WILL AT LEAST BE CHARGED WITH A 14601 DRIVING ON A SUSPENDED LICENSE...WHICH IS A MISDEMEANOR NOT AN INFRACTION.

WHAT HAPPENS WILL DEPEND ON YOUR RECORD AND FOR WHAT THE LICENSE WAS SUSPENDED............YOU MAY GET JAIL SENTENCE BUT YOU CAN TRADE FOR HOME ARREST WITH AN ANKLE...
Read more »

1 Answer | Asked in DUI / DWI for California on
Q: What are we looking at for my husband - second DUI.
Dale S. Gribow
Dale S. Gribow answered on Oct 31, 2018

MUCH MORE INFO NEEDED

WAS HE STILL ON PROBATION?

WAS 1ST MORE THAN 10 YRS AGO?

WHAT WAS READING ON NEW CASE?

TRAFFIC ACCIDENT?...INJURY?

WHAT COURTHOUSE AND WHICH JUDGE AND DA?

1 Answer | Asked in DUI / DWI for California on
Q: I work for LA County and got a DUI I report and they gave me a drug test and it was Positive for THC 15 lg

They want to random drug test and I do not drive vehicle. I feel that I am being harassed they suspended me for 15 days. Can I file a harassment

Their policy only shows for county driver

Dale S. Gribow
Dale S. Gribow answered on Oct 30, 2018

more info needed

you should contact lawyer in LA not Palm Springs.

you should have a lawyer for the DUI and if you can't afford one the court will appoint one.........that lawyer will have all the facts..................

however, i would think what they are asking is...
Read more »

2 Answers | Asked in Car Accidents, DUI / DWI and Traffic Tickets for California on
Q: I was recently in a car accident - ruled to be my fault. Cops arrived at scene, looked me up in system and told me that

I had a warrant for my arrest. Warrant was due to some unpaid fees from a DUI from 8 years ago (thought everything was paid off, but no). I paid the fee, received confirmation # and was told it's now taken care of. Later, I received ticket in mail for running a stop sign. It was issued based off of... Read more »

William John Light
William John Light answered on Oct 29, 2018

If you are indigent, the court will appoint a public defender to represent you. Otherwise, you need to pay an attorney to clean this up.

View More Answers

2 Answers | Asked in DUI / DWI and Traffic Tickets for California on
Q: DUI Suspended License

In June of 2012 I was pulled over by Monterey Country Sherrifs I was only supposed to get an infraction for Swerving in the road. The Officer said that he was going to let me go and not get my vehicle towed to call a licensed driver to pick up my car. I was very honest with him in regards to having... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 17, 2018

It's hard to answer your question because you really aren't asking a question. If you were arrested for DUI then you should consult a lawyer as quickly as possible since you have rights that will "expire" within 10 days of your arrest. Despite the fact that your license is expired you can... Read more »

View More Answers

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.