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1 Answer | Asked in Criminal Law, DUI / DWI and Immigration Law for Iowa on
Q: Travel and return with historical 3 DUIs?

I had three DUIs in 2015, 2016, and 2021. I paid for everything, served one month in jail, and also completed all the tasks given by the court order. I'll finish my probation this coming October. Can I go to Vietnam and then return to the US without getting deported or having my green card... View More

James L. Arrasmith
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answered on May 11, 2024

Having a history of DUIs should not directly impact your ability to travel to Vietnam and return to the United States, as long as you have a valid green card and have completed all court-ordered requirements related to your DUIs. However, there are a few considerations to keep in mind:

1....
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1 Answer | Asked in DUI / DWI for Minnesota on
Q: How long will my DUI be on my driving record? How can I remove it?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 10, 2024

The short answer is that it is on your record forever. I've seen folks with DWIs on their records going back to the 80's and even the 70s. DWIs can used to enhance future DWIs for 10 years. The likelihood that you could get a DWI expunged from your record before 10 years have expired... View More

1 Answer | Asked in DUI / DWI and Criminal Law for California on
Q: if originally charged as a dui and your blood was forcefully drawn if dui was dropped can the courts legally charge you
James L. Arrasmith
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answered on May 9, 2024

In general, under California law, if a blood draw was taken as part of a DUI investigation and the DUI charge was later dropped, the prosecution may still be able to use the results of the blood draw to bring other charges, depending on the circumstances.

For example, if the blood draw...
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1 Answer | Asked in DUI / DWI for California on
Q: I have a Friend who got a DUI conviction 12 years ago.

He was told to take a class but then half way through he moved to Colorado to take care of a sick family member.

Now the California DMV wants him to pay for and take another class even though he has not had a DUI incident for over 12 years and the statue of limitations has long since... View More

James L. Arrasmith
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answered on May 6, 2024

Firstly, it's important to note that DUI convictions and the associated DMV penalties are separate matters. The statute of limitations applies to criminal proceedings, not DMV administrative actions. In California, the DMV can require completion of a DUI program even if the criminal case has... View More

1 Answer | Asked in DUI / DWI for Indiana on
Q: Did not install the ignition Interlock device, what form i need for court asking judge to reinstate my liscence?

Nevern installed cuz i was on work release and house arrest ordered. completed everything else ordered. been over 10 years and trying to get Indiana Liscence back. Could judge have BMV Indefinite suspension removed without having the interlock installed since so many yrs.

couldnt install... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on May 3, 2024

Contact a local traffic attorney who can review your record and see what can be done to remove suspensions to get you valid. Most attorneys have free consultations. Also, if you do not have a myBMV account set up, do so before you contact the attorney so he/she can look at your record.

1 Answer | Asked in DUI / DWI and Gov & Administrative Law for California on
Q: Eddie had a DUI in 2018 and owes $4000 in fines. What does he need to do to get a license to drive to work?
James L. Arrasmith
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answered on May 2, 2024

To obtain a license to drive to work in California after a DUI conviction, Eddie will need to take the following steps:

1. Complete a DUI program: Eddie must enroll in and complete a state-approved DUI program. The length of the program depends on factors such as his blood alcohol level at...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: Can a court clerk refuse to send me my court docket or am I entitled to that information? It's for employment.

I asked the court clerk in Locust Grove, Georgia for a Court Docket regarding my case and she sent me a case disposition instead. My potential employer is specifically asking for a court docket. The clerk said that she could not jeopardize the privacy of everyone involved.

Glenn T. Stern
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answered on May 1, 2024

You could file an open records request for the court's docket, but I can't imagine why a potential employer would even need it. Why would they need a list of all the cases/defendants/charges for the court that day? It sounds like this employer may be confused as to what a "court... View More

1 Answer | Asked in DUI / DWI, Health Care Law and Gov & Administrative Law for California on
Q: 2013 I was charged with DUI and child endangerment as an RN, how long will this show on a live scan. It's been 10 yrs.

I have not had any further problems with the law, how can I refute this charge going forward for future employment.

James L. Arrasmith
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answered on Apr 26, 2024

In California, a DUI conviction will typically remain on your criminal record indefinitely, including your live scan background check results, unless you take specific legal action to have it removed or sealed. However, after 10 years, you may be eligible for certain relief under California law.... View More

1 Answer | Asked in DUI / DWI and Immigration Law for Iowa on
Q: Does a DUI arrest automatically revoke a L1B visa? If so, am I still allowed to work in the US?

if a L1B work visa holder got arrested for a DUI but have not received any revocation letter yet, should one assume that the visa is revoked? Also, if it is revoked is the person still allowed to work for the legal status time at least or is it illegal for the person to still go to the company?... View More

James L. Arrasmith
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answered on Apr 23, 2024

A DUI arrest does not automatically revoke an L1B visa, but a conviction can lead to the visa being revoked and impact your ability to work in the U.S. Here are a few key points:

1. Arrest vs. Conviction: An arrest alone does not necessarily lead to visa revocation. However, if the arrest...
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1 Answer | Asked in DUI / DWI for California on
Q: Is 90 days to 180 days in jail likely for me?

a

James L. Arrasmith
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answered on Apr 22, 2024

It's difficult to predict with certainty what sentence the DA will seek in your case, as it depends on various factors and the specifics of your situation. However, here are a few points to consider:

1. Prior DUI: Having a previous DUI conviction can lead to harsher penalties for...
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2 Answers | Asked in DUI / DWI and Car Accidents for New Hampshire on
Q: Does a DUI case have the right to a speedy trial?

I got arrested for a DUI August 5, 2023 and my trial date has now been pushed back for the third time to June 4, 2024

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 18, 2024

Yes, you are entitled to a speedy trial. That said, why are you asking questions on this forum---instead, you should discuss this with your lawyer and if you do not have a lawyer at this point in time, then you need to get an attorney to represent you, as well as to protect your right to a speedy... View More

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2 Answers | Asked in DUI / DWI and Car Accidents for New Hampshire on
Q: Does a DUI case have the right to a speedy trial?

I got arrested for a DUI August 5, 2023 and my trial date has now been pushed back for the third time to June 4, 2024

Leonard D. Harden
Leonard D. Harden
answered on Apr 19, 2024

All cases are entitled to a speedy trial but the reality is to win based on a denial there is a difficult almost impossible test.

The Superior Court speedy trial policy is set forth in the Superior Court Rules. The policy incorporates the four-part speedy trial analysis of Barker v....
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1 Answer | Asked in DUI / DWI, Federal Crimes and Criminal Law for Louisiana on
Q: My bf was arrested by game warden while on probation so he’s on a probation hold for nothing

He was on his boat, he’s 45 years old, and the goHe was not drunk, but still arrested and has 6 charges that are rediculous and should be dropped. But while in jail they brought new charges , felonious ones now. They are for killing too many turkeys and possession of a firearm by a person with a... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry to hear about your boyfriend's situation. That must be incredibly stressful and frustrating for both of you. A few thoughts:

It's difficult to say definitively whether the charges will hold up without knowing all the details, but in general, wardens and...
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1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Arizona on
Q: Can you be arrested for Aggravated DUI when your weren't even driving, in front of your house ,with no keys in your poss

Police report says I was observed consuming alcohol and was not even driving or in possession of keys and no ethyl alcohol in my system can the police lie like that on the police report and a year later initially file charges for Aggravated DUI?

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information you've provided, it seems unusual that you would be charged with Aggravated DUI a year after the incident if you were not driving, did not have keys in your possession, and had no ethyl alcohol in your system at the time. However, laws can vary by jurisdiction, and... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Constitutional Law for Alaska on
Q: Is this a illegal extension of a traffic stop based on false accusations.

If I was accused of being under the influence of Opioid due to having a raspy voice and my pupils were constricted, a DUI charge stemmed from this and multiple other charges followed but when my blood lab results returned the lab stated i had no Opioids in my system would this be a fightable charge.

James L. Arrasmith
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answered on Apr 13, 2024

Based on the information you've provided, it seems that the initial justification for the DUI charge and subsequent charges may have been flawed, as the arresting officer's suspicion of opioid use was not supported by the blood test results. This could potentially form the basis for... View More

1 Answer | Asked in DUI / DWI for Michigan on
Q: My battery died in january, interlock device and now 3 months major violation just before my reinstatement hearing

January 20 to 22 no power, but I hadn't driven it since the 12 January. I was not ever informed that I violation and I also called them and they said that I had no violation. I got a lawyer but I am not feeling that I am a priority and I need my license. How confident should I be in getting it... View More

Brent T. Geers
Brent T. Geers
answered on Apr 11, 2024

No one - including your lawyer - can tell you with any certainty that you will get your license restored. The administrative hearing officers take a lot of factors into account. Most important, perhaps, is your ability to convince the hearing officer that you are and have been stone-cold sober over... View More

3 Answers | Asked in DUI / DWI for California on
Q: Dui plus hit and run

Hello so I hit a parked car parked in a fire lane in my neighborhood and went home to tell my parents but before I could The police showed up and tested me for dui and I did get a dui. It wasn’t an intentional hit and run as I didn’t know I hit till I got home and was going to then go back.... View More

James L. Arrasmith
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answered on Apr 9, 2024

Based on the information you've provided, it seems you are facing charges for both DUI (driving under the influence) and hit-and-run in California. Here's some general information about your situation:

1. DUI: In California, it is illegal to operate a vehicle with a blood alcohol...
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1 Answer | Asked in DUI / DWI for New Jersey on
Q: With the statute being changed in New Jersey.

A major change to New Jersey's drunk driving statute is set to allow plea bargaining in DUI cases beginning in early 2024. Late last year, Governor Murphy signed bill S-3011/A-4800 into law, and its plea bargaining provisions take effect in February. Will past offenders be able to benefit from... View More

Louis A Casadia
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answered on Apr 5, 2024

If you were able to overturn your plea or conviction then yes, you should be able to benefit from the new law. However, you will not be able to simply withdraw your plea or overturn your conviction based solely on the new law being passed.

4 Answers | Asked in DUI / DWI for California on
Q: So what happens when I’m 100% sober but failed a field sobriety test and still get arrested for dui?

I took a field sobriety test and I failed and got arrested. At the time I was super tired, I had zero sleep last night . I was also nervous and I somewhat understood the officers instructions but I still had questions . I also inured my ankle a few months ago and it hasn’t healed all the way.... View More

James L. Arrasmith
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answered on Apr 5, 2024

If you were arrested for a DUI in California despite being sober, here are some important points to consider:

1. Field Sobriety Tests (FSTs) are not always reliable indicators of intoxication. Factors such as fatigue, nervousness, injuries, or medical conditions can negatively impact your...
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4 Answers | Asked in DUI / DWI for California on
Q: So what happens when I’m 100% sober but failed a field sobriety test and still get arrested for dui?

I took a field sobriety test and I failed and got arrested. At the time I was super tired, I had zero sleep last night . I was also nervous and I somewhat understood the officers instructions but I still had questions . I also inured my ankle a few months ago and it hasn’t healed all the way.... View More

Robert Kane
Robert Kane
answered on Apr 5, 2024

The fact you were super tired due to zero sleep the previous night; injured your ankle a few months ago and it hasn’t healed all the way; were nervous and you misunderstood the officers instructions is going to convince the judge you shouldn't have been driving even if you were sober (still... View More

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