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California DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for California on
Q: Terminated 18m DUI class. 5 classes left. Paid in full. Ask for re referral before warrant issued. What happens now?

Have court date April 5th. I was in a Domestic Violence relationship where he made it difficult to go to class. Finally free from him and I have a restraining order against him. It nice to have him gone but difficult because I was left with all bills and caring for my daughter while on cash aid. I... View More

James L. Arrasmith
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answered on Mar 26, 2024

In California, if you've been terminated from a DUI class with only a few sessions remaining and have paid in full, it's important to act quickly. Contact the DUI program to request a re-referral before a warrant is issued. Explain your situation clearly, including the challenges you... View More

2 Answers | Asked in DUI / DWI for California on
Q: Courts dismissed my dui 13 years ago but DMV suspended my license last week. I passed breathlzr and was not dwi. help

I need help scheduling a court date with the dmv. I can't get thru by phone and the letter they sent had no info other than my license is suspended. I have had a restricted license for over 4 years, fully insured, no tickets my dmv driving record has no mention of the dui. The court docs says... View More

James L. Arrasmith
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answered on Mar 24, 2024

Under California law, if your license was suspended by the DMV and not due to a court order, you need to contact the DMV directly to resolve the issue. The DMV operates separately from the criminal court system, so even if your DUI charges were dismissed, the DMV might have different requirements... View More

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2 Answers | Asked in Car Accidents, Personal Injury and DUI / DWI for California on
Q: Can I get recompensation for a car accident that happened 7 years ago?

I was in a car accident with a couple of friends, my friend (the driver) was under the influence and well we were all under the influence except for one of us, we kept telling the driver to let her drive because she was sober but he wasn't letting her or stopping. Suddenly when he made a left... View More

William John Light
William John Light
answered on Mar 23, 2024

Ordinarily, the statute of limitations is 2 years from the date of the injury.

If you or the driver were under 18 on the date of the injury, the two years began to run on the 18th birthday of either of you.

For certain felony convictions, the statute of limitations is 10 years from...
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2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Can you travel domestically by flight with a Bench Warrant on your name?
James L. Arrasmith
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answered on Mar 21, 2024

Having a bench warrant in your name can lead to complications while attempting domestic flight travel. While there's no blanket rule that directly forbids you from flying domestically, the presence of a bench warrant implies that law enforcement is seeking your arrest, which could lead to... View More

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2 Answers | Asked in DUI / DWI for California on
Q: My brother had a dui during COVID and still hasn’t heard anything about getting his license back years after
Dale S. Gribow
Dale S. Gribow
answered on Mar 20, 2024

HE SHOULD CONTACT HIS LAWYER OR THE COURT RECORD ONLINE OR CRIMINAL CLERK TO GO OVER THE CONDITIONS OF SUMMARY (INFORMAL) PROBATION.

HE HAD A FINE AND CLASSES.

AFTER HE HAS FINISHED EVERYTHING ORDERED, HE GOES TO DMV FOR A NEW LICENSE.

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2 Answers | Asked in DUI / DWI for California on
Q: 20 yrs ago .was charged for d.w.i. for meth in blood test.had used three days prior .was not under influence at time
James L. Arrasmith
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answered on Jan 15, 2024

Under California law, a DWI (Driving While Intoxicated) charge can be based on having drugs in your system while operating a vehicle, even if the substance was used days before. The key factor is whether the drugs were affecting your ability to drive safely at the time you were stopped. The... View More

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2 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: My husband is on parole this is Parole officer have every right to search me even though I'm not
James L. Arrasmith
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answered on Nov 18, 2023

Under California law, a parole officer's authority to conduct searches is primarily focused on the parolee, in this case, your husband. The parole officer has the right to search your husband and his property, including areas of a shared residence where your husband has access or control.... View More

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1 Answer | Asked in DUI / DWI for California on
Q: Is there any action I can take? Privacy issue

I was recently arrested for misdemeanor dui, and released the same day. The next day a lawyer sent an email addressed to me talking about his services, but the email address he sent it to is not mine. It happens to be an immediate family member. This has caused a drift within my family. They... View More

James L. Arrasmith
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answered on Sep 28, 2023

If you believe that your privacy has been violated due to the disclosure of your misdemeanor DUI arrest to a family member by the lawyer, you may want to consult with an attorney to explore potential legal remedies. In California, there are laws that protect individuals' privacy rights, and... View More

1 Answer | Asked in DUI / DWI, Employment Law and Immigration Law for California on
Q: DUI arrest affect on H1B and GC

Hi,

I have situation in hand that I need an immigration attorneys opinion on. I am currently on my H1B visa. My employers applied for my perm this February 2023.

Recently unfortunately I was pulled over and arrested for alleged DUI. I only had couple drinks but my breathalyzer test... View More

James L. Arrasmith
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answered on Jul 13, 2023

I am an attorney licensed in California, and I can provide some general information regarding the potential impact of a DUI arrest on your H1B visa and Permanent Labor Certification (PERM) process. A DUI arrest can have serious consequences on your immigration status. USCIS has the authority to... View More

2 Answers | Asked in Criminal Law, DUI / DWI and Family Law for California on
Q: I'm afraid I will be charged with child endangerment and neglect

I was a passenger of a drunk driver and also had 1 of my child in the back of the car. I already have Social Services calling me to see all of my kids. I had CPS case prior and been closed for years now. Will I be charged with child endangerment for being the sober parent that was in the passenger... View More

Thomas M. Fleming
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answered on Jul 10, 2023

It is very possible that you will be charged, depending on all the circumstances (including any prior neglect allegations). You should contact a good attorney asap in your area to analyze this further, with all the specifics. I wish you the very best with this situation.

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2 Answers | Asked in DUI / DWI for California on
Q: auto accident. Both parties @ fault. 1 blew .09 & suffered traumatic brain injury with memory loss.

we were just informed they will be charging her (mom) with the DUI and need to schedule an arraignment date. She still can not live on her own as she is not fully recovered (possibly will not ever be the same). We really don't know what to do from here

Thomas M. Fleming
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answered on Jun 26, 2023

You should retain a DUI lawyer immediately for your mom. Many blessings to you all.

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2 Answers | Asked in DUI / DWI for California on
Q: I was sentenced 5 years informal probation for dui. want to do the jail time instead I go to jail in a week,Next step?

Reason being to join army

David A. Simon
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David A. Simon
answered on Jun 14, 2023

Hi. This a good question. You have the right to deny probation and do custody instead. However, if you're already on probation that means you've already been sentenced. You need to consult a local DUI attorney about withdrawing your plea or being re-sentenced. Best of luck.

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2 Answers | Asked in DUI / DWI for California on
Q: How can I get my DMV mandated group sessions, etc reduced? It is now 18 months

2nd DUI. 1st was wet reckless 9 1/2 years ago. The court through a plea gave me a 3 month DUI education/group mtg requirement instead of the usual 18 months. Circumstances include I'm older, 69, wife died, financial issues, covid struck. DMV decided it would be 18 months instead. My lawyer... View More

Jeff  Yeh
Jeff Yeh
answered on May 24, 2023

Unfortunately, DMV operates independently from court. Because it is your second DUI (the wet counts as a1st), DMV will require the 18-month program. Therefore, if you ever want your license back, the SB-38 is what you will need to attend and complete.

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2 Answers | Asked in DUI / DWI and Traffic Tickets for California on
Q: CA ATTY's :Is an SR22 start date the date of admin suspension received from the DMV or the date of court conviction?

Admin suspension effective March 20 2020. Date of court conviction 6/20/2022. Been carrying an SR22 since March of 2020 so the removal date would be Mar/April 2023 if it began at the DMV admin suspension. (All DMV fines and reinstatement fees have been paid)

Does the SR22 clock reset on... View More

Alison Lee Bermant
Alison Lee Bermant
answered on Jan 16, 2023

It is 3 years from the date you reinstated your driving privilege. You can always call the DMV Mandatory Actions Unit to confirm the exact date that happened.

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1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: If a judge makes a deletion to your "sentence" and probation for a DUI, how does the DMV get those records?

I wrote letter to judge and he "deleted" all applicable requirements, including probation. Also wrote No Addendum Needed.

Dale S. Gribow
Dale S. Gribow
answered on Dec 26, 2022

your underlying lawyer should be able to assist you.

however, please remember there are 2 separate entities and DMV does not have to follow the court, and visa versa.

1 Answer | Asked in Contracts, Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: CA ATTORNEYS: Can an attorney assign or "refer" a case to another attorney without notification to the client?

What are the ethical obligations for client assignation and/or referrals?

Is contracted attorney required to inform client a different (non staff) attorney will argue and negotiate their case?

Details: small firm specializing in serious traffic cases. (DUI, felony speeding,... View More

Dale S. Gribow
Dale S. Gribow
answered on Dec 12, 2022

more info is needed.

many criminal lawyers have a provision in their retainer that they can associate with another criminal lawyer.

were the other lawyers from the same firm?

were they appearance lawyers just appearing to continue THE CASE?

in any event they could...
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1 Answer | Asked in Civil Rights, Constitutional Law, DUI / DWI and Federal Crimes for California on
Q: I had a police officer cover up a felony hit&run didn't write a report or file 1.. did not arrest or dui test person

Responsible for causing 2 people injuries & 15000 property damage. Dmv was never notified no charges on person responsible.. I requested a report to be filed twice and police denied me.. now I can't take person to ourt to fix my totaled truck... if the tables were turned I'd be in... View More

Dale S. Gribow
Dale S. Gribow
answered on Nov 14, 2022

you should contact a local PI lawyer to guide you.

your lawyer should press the police and DA to file if there is evidence.

obviously, if you had insurance you would put it through that carrier.

1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: if the mother of the pedestrian 1 takes pictures in the hospital and provides them via email can they used them

as evidenced against driver 1 with out pedestrians 1 consent or knowledge pedestrian 1 never gave his statement or talked to anybody about the accident.

Thomas M. Fleming
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answered on Oct 14, 2022

The short answer is sure, if she or someone authenticates the photos, and it is used in a DUI criminal case. If you are the accused, you should get an attorney and consult with the attorney about this. I wish you the very best.

1 Answer | Asked in DUI / DWI and Federal Crimes for California on
Q: Can you do an expungement for a federal dui?

My sister was at Yosemite and she was caught passed out drunk in her vehicle. They want to charge her the following: CHARGE: OPERATING OR BEING IN ACTUAL PHYSICAL CONTROL OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, OR A DRUG, OR DRUGS, OR ANY COMBINATION THEREOF, TO A DEGREE THAT... View More

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

Hire a lawyer and fight the charge. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

2 Answers | Asked in DUI / DWI for California on
Q: Been inquiring about the ability to reopen a case I plead guilty to 5 years ago. I was not11 guilty. Advised by P defend

to avoid a trial. Prison if lost trial. Agreed to 3rd felony DUI. TMI. Issue. I wasn't pulled over. Not driving when arrested for DUI. DUI last Friday night. SO GUT SICK MAD SAD... Any suggestions or advice Thank yyou so much.

Thomas M. Fleming
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answered on Sep 27, 2022

I'm sorry you've going through all this. Since the public defender represented you, start there and ask another attorney to take a second look at this. If you received ineffective assistance of counsel, for example, then you may be entitled to a new trial. If that is the case, however,... View More

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