DUI / DWI Questions & Answers by State
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DUI / DWI Questions & Answers
Q: I was in involved in a accident on a atv and the driver left the scene but I was charged why?
1 Answer
| Asked
in
Criminal Law, DUI / DWI, Personal Injury and Products Liability
for
Louisiana
on
Answered on Apr 18, 2018
Answered on Apr 18, 2018
Ellen Cronin Badeaux's answer
You need a criminal attorney who also practices personal injury. More details are needed to answer your question.
You need a criminal attorney who also practices personal injury. More details are needed to answer your question.
Q: If you drive a friend's car drunk can they get in trouble?
Jasmine D. Rippy's answer
Yes, your friend could face criminal charges if you’re arrested for a drunk driving offense and your friend knew that you were drunk but still let you drive. In such case, your friend could be charged with allowing an intoxicated person to operate a vehicle. The severity of the charge and potential penalties will depend on whether another person is killed or injured. If no death or injury is involved, your friend could be charged with a misdemeanor and face up to 93 days in jail and $500 in...
Yes, your friend could face criminal charges if you’re arrested for a drunk driving offense and your friend knew that you were drunk but still let you drive. In such case, your friend could be charged with allowing an intoxicated person to operate a vehicle. The severity of the charge and potential penalties will depend on whether another person is killed or injured. If no death or injury is involved, your friend could be charged with a misdemeanor and face up to 93 days in jail and $500 in...
Q: What happens at arraignment
Jasmine D. Rippy's answer
An arraignment is the first court date in a criminal case. The defendant will be informed of the charges being brought and have an opportunity to plead guilty or not guilty to each charge. The court will also determine whether the defendant is eligible to be released on bond and the amount of such bond. If the defendant pleads guilty, he or she may be sentenced on the spot or at a later sentencing date. Based on my experience, sentencing for a driving while license suspended charge typically...
An arraignment is the first court date in a criminal case. The defendant will be informed of the charges being brought and have an opportunity to plead guilty or not guilty to each charge. The court will also determine whether the defendant is eligible to be released on bond and the amount of such bond. If the defendant pleads guilty, he or she may be sentenced on the spot or at a later sentencing date. Based on my experience, sentencing for a driving while license suspended charge typically...
Q: My husband's boss encourages him to drink and drive all the time. It has been years, is there any way to fix it?
Jasmine D. Rippy's answer
If your husband gets pulled over and charged with a drunk driving offense, his boss will not have any criminal responsibility and the fact that his boss encouraged the drinking and driving will not be a defense. Ultimately, it is your husband’s choice to drink and drive. If he wants to drink with his boss, he should limit his alcohol intake or make other transportation arrangements. Judges are harder on DUIs now than in the past because of the accessibility of Uber and Lyft.
If your husband gets pulled over and charged with a drunk driving offense, his boss will not have any criminal responsibility and the fact that his boss encouraged the drinking and driving will not be a defense. Ultimately, it is your husband’s choice to drink and drive. If he wants to drink with his boss, he should limit his alcohol intake or make other transportation arrangements. Judges are harder on DUIs now than in the past because of the accessibility of Uber and Lyft.
Q: how can i amend or drop charges for my son's dui and not in vechicle
Timothy Denison's answer
If your son had a lawyer, or has pled guilty and been sentenced, it will likely be difficult to do. If he did not have a lawyer, you might be able to go in and have it set aside, although most judges don’t like to set aside pleas absent some type of fraud or mistake etc.
If your son had a lawyer, or has pled guilty and been sentenced, it will likely be difficult to do. If he did not have a lawyer, you might be able to go in and have it set aside, although most judges don’t like to set aside pleas absent some type of fraud or mistake etc.
Q: I need to know how I can get an extension of a "Temporary Driving Permit"? (I want to keep my job)
Grant St Julian III's answer
You had 15 days from the date your license was confiscated to request a hearing on your license suspension (see the fine print on the bottom of the form). Understand Texas does not have the ability to suspend a Louisiana driver's license, but the DPS in Austin will notify Louisiana of your arrest and breath test failure/refusal. Contact an attorney in that State to discuss the effect of this notice. Good luck.
You had 15 days from the date your license was confiscated to request a hearing on your license suspension (see the fine print on the bottom of the form). Understand Texas does not have the ability to suspend a Louisiana driver's license, but the DPS in Austin will notify Louisiana of your arrest and breath test failure/refusal. Contact an attorney in that State to discuss the effect of this notice. Good luck.
Q: need advice on turning around a dui 2 sentence that is nearly complete but driver was not in the car at time of arrest
Timothy Denison's answer
If the driver has already plead guilty and been sentenced, it may be tonight to do. If he has not been sentenced, you can move the court to set aside the plea. However, judges are reluctant to do this absent some kind of showing of fraud, mistake, excusable neglect etc.
If the driver has already plead guilty and been sentenced, it may be tonight to do. If he has not been sentenced, you can move the court to set aside the plea. However, judges are reluctant to do this absent some kind of showing of fraud, mistake, excusable neglect etc.
Q: What is the average amount I will pay for a lawyer to help me in a DWI case?
Grant St Julian III's answer
The State Bar does not set fees, so an attorney can charge whatever she/he wants. Call around, and I'm sure you will discover retainer fees and payment plans will vary widely. Good luck.
The State Bar does not set fees, so an attorney can charge whatever she/he wants. Call around, and I'm sure you will discover retainer fees and payment plans will vary widely. Good luck.
Q: What happens at arraignment
Jasmine D. Rippy's answer
An arraignment is the first court date in a criminal case. The defendant will be informed of the charges being brought and have an opportunity to plead guilty or not guilty. The court will also determine whether the defendant is eligible to be released on bond and the amount of such bond. If the defendant pleads guilty to a drunk driving charge, the judge will schedule a later sentencing date. This will give the probation department time to prepare a pre-sentence report containing...
An arraignment is the first court date in a criminal case. The defendant will be informed of the charges being brought and have an opportunity to plead guilty or not guilty. The court will also determine whether the defendant is eligible to be released on bond and the amount of such bond. If the defendant pleads guilty to a drunk driving charge, the judge will schedule a later sentencing date. This will give the probation department time to prepare a pre-sentence report containing...
Q: If you get 2 DUI's within 20 years, but the first was dismissed after supervision, are you a 2nd time offender?
Juan Ooink's answer
Yes, the first one was not dismissed after Supervision. You were given Supervision and that Supervision will show up on your driver's abstract. This second DUI is much more serious than your first one, since you are only allowed one Court Supervision in your lifetime on a DUI and you used it already. This means that you are at risk of having your driver's license revoked if you receive a conviction on this second DUI. Do not waste anymore time, you need to hire an attorney right away. There are...
Yes, the first one was not dismissed after Supervision. You were given Supervision and that Supervision will show up on your driver's abstract. This second DUI is much more serious than your first one, since you are only allowed one Court Supervision in your lifetime on a DUI and you used it already. This means that you are at risk of having your driver's license revoked if you receive a conviction on this second DUI. Do not waste anymore time, you need to hire an attorney right away. There are...
Q: Grand Jury Day - DUI Felony Offense
Stephen Patrick Pfeiffer's answer
The Grand Jury would need to hear evidence from someone to determine if probable cause existed. The officer will most likely be present. If not, I would assume the Commonwealth Attorney would not present the case to the Grand Jury until the officer would be present.
The Grand Jury would need to hear evidence from someone to determine if probable cause existed. The officer will most likely be present. If not, I would assume the Commonwealth Attorney would not present the case to the Grand Jury until the officer would be present.
Q: I'm employed by the military and just last nite got my first ever D.U.I charge .can I lose my job
1 Answer
| Asked
in
Criminal Law, DUI / DWI, Traffic Tickets and Car Accidents
for
West Virginia
on
Answered on Apr 16, 2018
Answered on Apr 16, 2018
Peter Munsing's answer
Depends on your job. Many service members get alcohol related offenses and can stay in. May also affect your clearance if you have one. Check with an attorney see if you can get ARD or some similar sidestep if not an out.
Depends on your job. Many service members get alcohol related offenses and can stay in. May also affect your clearance if you have one. Check with an attorney see if you can get ARD or some similar sidestep if not an out.
Q: What will happen?
Cary B. Hall's answer
You'll probably get a notice to appear in Philadelphia Municipal Court on charges of possession of a small amount of marijuana. That's an ungraded misdemeanor. You probably won't be charged with DUI if they didn't ask you to perform sobriety tests or request to take a blood or breath test.
If and when you get that notice, I'd be happen to discuss your case with you.
You'll probably get a notice to appear in Philadelphia Municipal Court on charges of possession of a small amount of marijuana. That's an ungraded misdemeanor. You probably won't be charged with DUI if they didn't ask you to perform sobriety tests or request to take a blood or breath test.
If and when you get that notice, I'd be happen to discuss your case with you.
Q: Can you be issued citations if an officer doesn't see you physically behind the wheel of a vehicle?
Forrest Clinton Barbour's answer
Hire an attorney. Nothing can help you more than doing that. Feel free to give me a call. I offer free consultations. 770-461-2025.
Hire an attorney. Nothing can help you more than doing that. Feel free to give me a call. I offer free consultations. 770-461-2025.
Q: Throwing out a minor while driving ticket?
Thomas C Gallagher's answer
It's not likely that a judge would dismiss a criminal charge for a citation not completely filled out. I'd suggest checking the court's website mncourt.gov "access court records" page using the citation number to see if or when the police officer sends it in to the court. Once it shows up there, you can call the court to see how to set up a court date. Ignoring it could result in an arrest warrant.
It's not likely that a judge would dismiss a criminal charge for a citation not completely filled out. I'd suggest checking the court's website mncourt.gov "access court records" page using the citation number to see if or when the police officer sends it in to the court. Once it shows up there, you can call the court to see how to set up a court date. Ignoring it could result in an arrest warrant.
Q: i got a dwi ticket in may 2015. the prosecutor refused to press charges. do i have tpo do a satop class
James P Feely Jr's answer
It is possible that a person may have to complete SATOP, even though their DWI charge (ticket) was rejected or dismissed by the prosecutor.
In many DWI arrest situations, it will be alleged that the driver had a blood alcohol content (BAC) of .08% or higher, or it will be alleged that the driver refused the breath or blood test. If either happens, it will cause the Missouri Department of Revenue to proceed against the driver's Missouri privileges, resulting in a possible...
It is possible that a person may have to complete SATOP, even though their DWI charge (ticket) was rejected or dismissed by the prosecutor.
In many DWI arrest situations, it will be alleged that the driver had a blood alcohol content (BAC) of .08% or higher, or it will be alleged that the driver refused the breath or blood test. If either happens, it will cause the Missouri Department of Revenue to proceed against the driver's Missouri privileges, resulting in a possible...
Q: Is my lawyer really representing the cop because he is friends with the department ?
1 Answer
| Asked
in
Criminal Law, DUI / DWI and Legal Malpractice
for
New York
on
Answered on Apr 14, 2018
Answered on Apr 14, 2018
Susan Chana Lask's answer
Police Officers can call the officer who is listed on the PBA card. So I do not see anything wrong with the officer who stopped your wife with calling the brother in law.
Next, it cannot be said whether or not the lawyer is representing the other side just because he is friends with the police. That is a loaded question that is impossible to answer. The lawyer is representing your wife. However, if you do not trust him then you should find a lawyer whom you trust. Not having faith...
Police Officers can call the officer who is listed on the PBA card. So I do not see anything wrong with the officer who stopped your wife with calling the brother in law.
Next, it cannot be said whether or not the lawyer is representing the other side just because he is friends with the police. That is a loaded question that is impossible to answer. The lawyer is representing your wife. However, if you do not trust him then you should find a lawyer whom you trust. Not having faith...
Q: I had my mother’s handicap placard hanging in my window when i got stopped for expired tags.
1 Answer
| Asked
in
Criminal Law, Divorce, DUI / DWI and Traffic Tickets
for
Texas
on
Answered on Apr 14, 2018
Answered on Apr 14, 2018
Grant St Julian III's answer
No one can predict the ultimate outcome of your case, but I suggest calling a local attorney prior to your court date, obtaining an updated handicapped parking placard from your mother along with the registration for the vehicle you were driving at the time of the incident. Good luck.
No one can predict the ultimate outcome of your case, but I suggest calling a local attorney prior to your court date, obtaining an updated handicapped parking placard from your mother along with the registration for the vehicle you were driving at the time of the incident. Good luck.
Q: How do I get more information like actual court dates on an inmate?
Grant St Julian III's answer
Your father's attorney has restrictions on what can be disclosed to you regarding his case. You can visit your father and talk with him about his situation. You may look on-line on the County Court website for information regarding court settings. Good luck.
Your father's attorney has restrictions on what can be disclosed to you regarding his case. You can visit your father and talk with him about his situation. You may look on-line on the County Court website for information regarding court settings. Good luck.
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