DUI / DWI Questions & Answers

Q: Spent 10 days in jail in 2004 in AR due to DUI. How to answer this Have you EVER been convicted of a crime or offense?

1 Answer | Asked in DUI / DWI for Texas on
Answered on Jun 23, 2018
Grant St Julian III's answer
What was the final disposition of the 2004 4 case? The answer to that question will answer your first question. The answer to the question "Have you EVER been in jail or prison?" is obviously yes if you spent 10 days in jail on the matter. Contact the attorney who represented you on the Arkansas matter. Good luck.
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Q: Is a DUI charge more severe if you have an open container in the car?

1 Answer | Asked in DUI / DWI for Texas on
Answered on Jun 23, 2018
Grant St Julian III's answer
An open container increases the minimum jail time if convicted on a Driving While Intoxicated charge. Below is the relevant section of the Texas Penal Code:

Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

(b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72...
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Q: If your license is suspended for DUI does that mean you have a criminal record?

1 Answer | Asked in DUI / DWI for Florida on
Answered on Jun 23, 2018
Terrence H Thorgaard's answer
If you were convicted of a DUI, you have a criminal record whether or not your license was suspended.
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Q: Are sobriety checkpoints legal in Maryland?

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Jun 22, 2018
Mark Oakley's answer
Yes, they are legal in Maryland and the Supreme Court has ruled that the safety considerations of removing drunk drivers from the roads outweigh the harm of random stops without probable cause.
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Q: Motion to suppress evidence DUI felony case

1 Answer | Asked in DUI / DWI for Virginia on
Answered on Jun 22, 2018
Stephen Patrick Pfeiffer's answer
The motion to suppress can happen before court, or in some cases, the parties will agree to hear the matter before the trial. The judge will review the motion and hear the evidence regarding the motion and thereafter make a ruling.
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Q: I was convicted of a misdemeanor DUI in Arizona five years ago. I'm planning to apply for a resident visa in Sweden

1 Answer | Asked in DUI / DWI and Immigration Law for California on
Answered on Jun 19, 2018
Carl Shusterman's answer
Justia is for US law. You need to talk with a Swedish immigration attorney.
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Q: Revoke bond

1 Answer | Asked in DUI / DWI for Virginia on
Answered on Jun 18, 2018
Timothy J. Quick's answer
A prosecutor can ask for anything, but that does not necessarily mean the prosecutor is going to get it. I think a prosecutor would be hard-pressed to convince a judge that your bond should be revoked because you want to exercise your absolute constitutional right to go to trial if you have not violated any of the terms of your release. You should make sure you have a good criminal defense attorney to assist you with this, however.
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Q: Passed breathalyzer bac 0.077 still arrested and had to be bonded out ! Why when passed below.08 in Louisiana

1 Answer | Asked in DUI / DWI for Louisiana on
Answered on Jun 18, 2018
Ellen Cronin Badeaux's answer
Because they are claiming you were under influence of narcotics also or that you are under 21.
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Q: Why does my OVI or Underage NOT show on BCI/FBI Background checks for school employment in Ohio?

1 Answer | Asked in Employment Law and DUI / DWI for Ohio on
Answered on Jun 15, 2018
Matthew Williams' answer
It's possible they simply weren't reported. The legal system is a bureaucracy like any other. It's also possible these cases were resolved with quick pleas in a mayor's court. Many of the mayor's courts do not put their records online or submit any information to databases so the only way to find the cases is to actually ask the mayor's court, which of course, requires knowing which on to ask.
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Q: What can I do about a parent complaint at age 35. My parents cited PTSD from the Virginia Tech massacre?

1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Workers' Compensation for Pennsylvania on
Answered on Jun 15, 2018
Timothy Belt's answer
I am unclear from your question, is your condition related to an incident that happened at work?
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Q: I had a dwi in 2009, was told to this date I still have to install an interlock. Is there a loophole, no other charges.

1 Answer | Asked in DUI / DWI for North Carolina on
Answered on Jun 14, 2018
Bill Powers' answer
GREAT QUESTION!

If that's part of a "conditional restoration," DMV isn't going to budge on that. There is no loophole.

See: https://www.ncleg.net/gascripts/statutes/statutelookup.pl?statute=20-19

(e1) Notwithstanding subsection (e) of this section, the Division may conditionally restore the license of a person to whom subsection (e) applies after it has been revoked for at least three years under subsection (e) if the person provides the Division with...
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Q: What are the consequences of refusing a breath test?

1 Answer | Asked in DUI / DWI for North Carolina on
Answered on Jun 14, 2018
Bill Powers' answer
GREAT QUESTION. The long-term consequences for a "Willful Refusal" can be substantial under the NC DWI laws.

Refusing breath or blood tests as part of a DWI investigation may result in the loss or suspension of your license, without any form of "hardship" or "limited driving privilege" for an extended period of time.

It may also be used as a "negative inference" at the criminal trial.

A Willful Refusal may even result in DMV requiring an Ignition Interlock Device...
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Q: What is the penalty if someone else helps you start your car with your IID?

1 Answer | Asked in DUI / DWI for Kentucky on
Answered on Jun 14, 2018
Timothy Denison's answer
Could be a Tampering With Physical Evidence Charge.
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Q: I had a DUI 1st offense in Bowling Green in 2007. Will that show up on a state & federal criminal background check now?

1 Answer | Asked in DUI / DWI for Kentucky on
Answered on Jun 14, 2018
Timothy Denison's answer
Yes it will. You should contact a local attorney and have it expunged immediately.
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Q: If I got a DUI out of state will the state of Georgia find out?

1 Answer | Asked in DUI / DWI for Georgia on
Answered on Jun 14, 2018
Forrest Clinton Barbour's answer
What state? Some states report to other states, some don't. How long ago was this DUI? You can check the status of your driver's license here: https://online.dds.ga.gov/dlstatus/default.aspx.
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Q: How much do you have to pay for an IID?

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Jun 14, 2018
Cary B. Hall's answer
It varies, but averages between $900.00 and $1,300.00 per year. It sucks, but at least you'll be able to drive.

Find an PennDOT authorized vendor and call for current prices. You can find one near you by searching your ZIP code here: https://padui.org/ignition-interlock-vendor-list/.
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Q: Can you avoid a license suspension for a first time DUI?

1 Answer | Asked in DUI / DWI for Arizona on
Answered on Jun 13, 2018
Zachary Divelbiss' answer
Yes/Maybe - but you should speak with a lawyer as soon as possible to ensure that happens. After you have been cited, you must challenge the MVD's admin per se within a certain amount of time, at which point you will be able to extend/prolong/dismiss the suspension. f not dismissed, you will have a 90 day suspension, of which, 60 days you can have a restricted license that allows you to drive to school and work. However, every situation is different and you should strongly consider speaking...
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Q: What will happen to my insurance after a DUI?

1 Answer | Asked in DUI / DWI for Virginia on
Answered on Jun 13, 2018
Stephen Patrick Pfeiffer's answer
The price will most likely go up if you are convicted and you will have to purchase supplemental insurance with a restricted license.
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Q: Are drivers convicted of DUI also convicted of child abuse if a minor was in the car?

2 Answers | Asked in DUI / DWI for New Jersey on
Answered on Jun 13, 2018
H. Scott Aalsberg Esq.'s answer
Well it's not exactly child abuse but could be charged as endangering the welfare of a minor and other offenses.
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Q: Can you still get a DUI if you're below .08?

2 Answers | Asked in DUI / DWI for Illinois on
Answered on Jun 13, 2018
Theodore J. Harvatin's answer
Yes. Just like you can if you don’t blow at all.
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