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DUI / DWI Questions & Answers

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

Q: Will I serve jail time for a felony warrant driving while intoxicated 12 years ago?

I have a felony warrant issued for failure to appear in Lake County court Indiana in 2007. I just found out three weeks ago. It was driving while intoxicated and I was doing community service and a bench warrant was issued for failure to appear after I moved back to Ga. I thought my community... Read more »

Ecleynne Mercy answered on Aug 23, 2019

You need to seek help from an attorney licensed in Indiana.

1 Answer | Asked in DUI / DWI for Maryland on

Q: If i had a dui and got probation before judgement will that affect public clearance

Mark Oakley answered on Aug 23, 2019

“Public clearance” is not a term I recognize, but if you are referring to a government security clearance, the answer is not clear-cut. The pbj disposition and the charge description will show in a criminal background check, and although it is not a conviction or guilty finding, it remains... Read more »

1 Answer | Asked in DUI / DWI for Minnesota on

Q: who do you contact to have a MN DL suspened for an UI in WI? person has lived 8 yrs in WI but just renewed MN lic?

A PERSON living in WI for 8 yrs, has WI vehicle plates and WI business, but still drives w a MN DL who has no home in MN but has a business in MN but does not live or go to business maybe 30 days a year.

said person gets a WI OUI with a minor in vehicle with a breathlizer done 3 to 4 hrs... Read more »

Jonathan Matthew Holson answered on Aug 22, 2019

If you have lived in WI for 8 years, you should have long ago gotten a WI license. But that is a separate issue. WI will suspend your privilege to drive in WI. MN will then honor that suspension. So your MN license will get revoked. You will have to go through the process of getting your... Read more »

3 Answers | Asked in DUI / DWI for Illinois on

Q: In Illinois, do all summary of suspension get sent to the secretary of state automatically or is it up to the

Prosecutor? Mine happened on private property and my attorney is reluctant to file the petition to rescind SSS because he says the don't all get sent. I dont agree nor believe that. I'm going to fire him and I just hired him.

Theodore J. Harvatin answered on Aug 22, 2019

It’s the police officer’s job. If the SSS has not been sent in there is nothing to rescind. Let him do his job.

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1 Answer | Asked in DUI / DWI for Texas on

Q: Maybe reduced. But was a deferred adjudication

Michael Hamilton Rodgers answered on Aug 21, 2019

Please ask a question. But just for information puroses, deferred adjudication probations are not allowed in DWI cases in Texas. If probation is granted in a Texas DWI, it is only granted after a defendant is found guilty (i.e., convicted) of the offense, so it can never be deferred.

1 Answer | Asked in DUI / DWI for Texas on

Q: I was recently charged with a dwi 2nd my first one was in 1993 and was a no contest deferred adjudication. is that fair

Can I still be charged for a 2nd

Grant St Julian III answered on Aug 21, 2019

Deferred adjudication was not available on a DWI case in 1993. Was the charge reduced or changed?

1 Answer | Asked in DUI / DWI and Probate for North Carolina on

Q: What is the punishment for defrauding a urinalysis for the court system I am on probation and got caught.

Amanda Bowden Houser answered on Aug 21, 2019

It will be a violation of your probation at least. Consult with a local criminal law attorney who can review your situation in more detail and provide you with options. Best of luck.

1 Answer | Asked in DUI / DWI for Tennessee on

Q: Is there a statue of limitations on unpaid dui/dwr fines from the nineties in Tennessee?

No drivers license is holding me back from getting good jobs. Can I discuss a settlement with the local courthouse? I paid what I could afford and with having to settle for low paying jobs in this area, the rest is still on the books. Without the thousand for reinstatement, what I have left is... Read more »

Anthony M. Avery answered on Aug 20, 2019

You might try Legal Aid who might try to get some Costs executed. I do not believe the Department of Safety will help you. Whatever they say you have to do is what has to be done, right or wrong. DOS issues the TNDL. Sometimes people go to other States for DL's.

1 Answer | Asked in DUI / DWI for North Carolina on

Q: charged with dwi over an hour after wreck into woods, charged 1-1/2 hours later at bar over 1 mile away. blew 0.13

was at bar drank "a beer", i did not even finish it, left bar about 12:45am. I was kinda irritated, so i was driving a little on the fast side, coming around a corner i failed to maintain control as the rear end of the car i was driving started to slide in to the turn. the back wheels left road as... Read more »

Amanda Bowden Houser answered on Aug 18, 2019

Basically, if you kept your mouth shut when you were arrested and made no statements - you'll likely get off. If you flapped your hole to law enforcement like most people do - you will likely be convicted. So go consult with a local DWI attorney in the county you were charged in.

1 Answer | Asked in DUI / DWI for Oregon on

Q: In Oregon, if I get a dui with a child in the vehicle do I receive a charge of child endangerment

Shawn A Kollie answered on Aug 16, 2019

You certainly can receive additional charges of Recklessly Endangering in a child is in the vehicle. It generally matters on how the driving was, and how impaired the driver was. Having a child in the car can also make someone ineligible for Diversion in Oregon which makes the punishment... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on

Q: How long do convictions for DUI stay on someone's record and is it possible to have them removed or purged.

The convictions are over 10 years old.

Cary B. Hall answered on Aug 16, 2019

It depends on whether it's a first offense, or a second, third, fourth, etc. You wouldn't be eligible for expungement, but it's possible that your DUI criminal conviction could be "sealed" under PA's recently enacted Clean Slate Act. At the very least, all fines/costs must be satisfied first, and... Read more »

2 Answers | Asked in DUI / DWI for California on

Q: I recently got my first arrest for DUI. Should I wait for the court to assign me a DUI class or should I sign up myself?

Mr. Hudson Thomas Bair answered on Aug 16, 2019

This isn't a clear-cut question with an easy answer. It depends on the facts of your case, you should contact a local DUI defense attorney to discuss the facts of your case, possible defenses and likely outcomes, you might also discover that a lawyer isn't as expensive as you think.

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2 Answers | Asked in DUI / DWI for Ohio on

Q: In Ohio, do OVI’s cross county lines when doing sentencing?

I have one OVI in Franklin County and just received my second in Delaware County. Will that count as 3? The first was in 2015, 2017, and now.

Matthew Williams answered on Aug 16, 2019

Yes, that’s going to be a third.

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2 Answers | Asked in DUI / DWI for California on

Q: I have a no drinking clause in nevada effective until March 6th 2020 that's my final court day but I just got a dui in

California will the judge know about this dui in CA in my final court day?

Mr. Hudson Thomas Bair answered on Aug 15, 2019

As I wrote earlier, no one knows, there are four ways a judge would find out, the prosecutor in your DUI case calls the judge/court, the judge in your DUI case calls the court/judge, you have a self-reporting requirement and you tell the court/judge or the judge/court/prosecutor in Nevada runs your... Read more »

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2 Answers | Asked in DUI / DWI for California on

Q: I have a drinking clause in nevada but I just got a dui in California when will the nevada judge find out about this

Dale S. Gribow answered on Aug 14, 2019

need more info

i would ask this of my nevada attorney.

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1 Answer | Asked in DUI / DWI and Immigration Law for New York on

Q: what am i supposed to do now?

hi. i have arrested for dui and my case still on court . i didn't pledge guilty yet coz my lawyer said if i agree for conditional discharge then my charges will be reduce to dui to DWAI (which is not crime , traffic violation ). right now i am waiting for my hearing and also doing scram... Read more »

Kevin L Dixler answered on Aug 13, 2019

More information is needed.

I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications or losses. Good luck.

1 Answer | Asked in DUI / DWI on

Q: can I cross Canadian and USA border, and can I go on flights if I have a dui

I’m from B.C. and I have my Class 7 drivers license, I got charged with a dui but I’m disputing the 3 day IRP and the allegation, it is my first offence and I blew a 0.06

William Jaksa answered on Aug 12, 2019

US Customs and Border officers will usually allow entry into the US for impaired driving-related charges; they will, however, deny entry for lying about the charges, if they believe you will commit further offences while in the US (such as driving while prohibited or impaired). For more about entry... Read more »

2 Answers | Asked in DUI / DWI for Georgia on

Q: How long will my License be taken for an under age dui

Brandon Alexander Thomas answered on Aug 9, 2019

If under 21 it may be suspended for a year. but that is only if you get convicted. sometimes your lawyer can identify problems with the case which can let you plead to a leaser charge or obtain a not guilty verdict at trial.

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1 Answer | Asked in DUI / DWI for North Carolina on

Q: . I have a hold in NC for a fta and dui from 19 years ago. How to resolve this

Im trying to get my licenses now and was wondering if I need to get a lawyer and can I take care of this over the phone or court cam.

Amanda Bowden Houser answered on Aug 9, 2019

It is DWI in North Carolina and no, you can't resolve this over the phone or via 'court cam'. You also likely still have an outstanding Order for Arrest that needs to be dealt with. You need to hire an attorney and keep your fingers crossed that the charging officer is no longer available. Even... Read more »

1 Answer | Asked in DUI / DWI for Florida on

Q: My attorney informed me after our first convo that we needed to plead out on the first court date to prevent the other

Side having enough time to pull further records. This date is in a few days and his assistant informed me that now I don't need to be there, but I wasn't given a reason why or have any idea what that might mean. Any advice or ideas? I tried to get an answer as to why all the sudden things have... Read more »

Kevin John Mawn answered on Aug 8, 2019

Contact your lawyer for this answer. Otherwise, we are simply speculating.

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