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DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for Florida on
Q: Hello, received a DUI in Feb. Is there an attorney who can take my case pro bono? Am unemployed at the time. Thank you.

I refused the breathalyzer and field sobriety test. This is my first offense. Totally clean record up until this. I am unemployed. My company shut down due to COVID. I simply don't have the money required to pay at this time. Maybe set up a long-term payment plan if there is no pro bono... Read more »

Jonathan Blecher
Jonathan Blecher answered on Apr 7, 2020

We can't solicit or offer our services through this portal, however there are many directories of DUI attorneys in your area. I suggest you check out the National College for DUI Defense, AVVO, and FindLaw. Search for DUI lawyers in your area. Good Luck.

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2 Answers | Asked in Criminal Law and DUI / DWI for Oklahoma on
Q: I'm being charged with 2 counts of manslaughter. What can I expect from my prosecution?

They are charging me with an dui with BOC. Of .o8. I haven't drank in 7 years so that's impossible.

Tracy Tiernan
Tracy Tiernan answered on Apr 5, 2020

You need to contact a seasoned criminal defense trial attorney as soon as possible. This is likely first-degree manslaughter (which carries a minimum of four years and up to life in prison). There are lots of factors that you have not included (wisely) in this question. They will ask for prison... Read more »

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1 Answer | Asked in DUI / DWI for Texas on
Q: Why wont the prosecutor throw put my DWI case when i obviously didn't do it?

I had a seizure in my vehicle as I am an epileptic. The police arrested me for DWI. I had no alcohol in my system, but now they say my THC levels were too high, but no marijuana or paraphernalia was in the car.

Roy Lee Warren
Roy Lee Warren answered on Apr 4, 2020

I am sorry for your troubles. If the State cannot prove the "amount" or a quantitative level of the THC that would cause "loss of use of your normal mental or physical faculties" it will not be able to prove your case. In that situation my opinion would be to take the case to trial. Good luck.

1 Answer | Asked in DUI / DWI for Utah on
Q: About 12 years ago I got pulled over and jailed for a Dui I made bail and never went to court..

I didn’t live in Utah so I never went to court. There is no warrant out for my arrest but when I called to pay my fines to get my license reinstated they told me I need to go to court. If I go to court would I be convicted or just have to pay a huge fine for not going to my court date when I was... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Apr 2, 2020

Many of these questions depend on the court and the current prosecutor. Call an attorney in the city where you got the ticket for a consultation.

2 Answers | Asked in DUI / DWI for Michigan on
Q: One more question: What is the difference between Ordinance OWI and Statute OWI. Thank you for your information.
Jeffrey Buehner
Jeffrey Buehner answered on Apr 1, 2020

An ordinance violation is charged under local ordinance (e.g. - city, township or village ordinance). Statutory law refers to Michigan state statutory laws (Michigan Compiled Laws). The substance of a local OWI ordinance is generally the same as state law. The primary difference is local ordinance... Read more »

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2 Answers | Asked in DUI / DWI for Washington on
Q: Was what my lawyer, now a judge, did okay?

I hired a lawyer for a DUI case 3 years ago. I was given a deferment for 3 years to get put down to negligent driving, I paid him 5k to follow my case till the end of my deferment period of 3 years. My final hearing for the end of the deferment is May 15. I tried contacting him as I hadn’t heard... Read more »

Stan Glisson
Stan Glisson answered on Mar 30, 2020

In all likelihood, you don't need a lawyer for that final hearing. You have a right to be represented, but that is a right you can waive. Every court handles these things a little bit differently, but you should not be penalized because your lawyer is no longer in practice. Your situation is not... Read more »

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1 Answer | Asked in DUI / DWI for Michigan on
Q: I was arrested for misdemeanor OWI in Michigan. What does it mean when ticket says this?

To the Court: Do not arraign on felony charge until an authorized complaint is filed.

1. 257.625 2.______________ 3. ________________

My ticket says Misdemeanor but why is there a code violation next to number 1 under felony statement?

Thank you Everyone

Frank B. Ford
Frank B. Ford answered on Mar 30, 2020

That message is pre-printed on all Uniform Law Citations (tickets). If the box on your ticket is marked Misdemeanor, then the message about felonies doesn't apply to you. You would not be charged with a felony unless you have two prior driving under the influence convictions, or there was a... Read more »

2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for New Mexico on
Q: Hit by drunk driver, both vehicles totaled. Other driver charged with DUI and off to jail. Injuries, maybe long term.

We have her insurance info and filed a claim. Our insurance paid our vehicle off and offered us an extra almost $4500 (This does not replace the vehicle). We are still waiting, 6 days now for police report. We have lost work time, scared kids, no vehicle, and anguish to know end. We want to go... Read more »

Mark Caruso
Mark Caruso answered on Mar 29, 2020

I am so sorry to hear of your recent crash which was caused by a drunk driver. DWI's continue to be a real problem in our state. You can bring a personal injury claim against the driver and insurance company for all injuries suffered by you and your family. Each of you have an individual claim.... Read more »

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1 Answer | Asked in DUI / DWI for Louisiana on
Q: If I pled nolo contendere to a DUI in Colorado with blood alcohol level lower than the state law considered conviction?

I had an alcohol blood level of 0.9 with Colorado stating 1.0 blood level a D,U,I. In 1994.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 29, 2020

What is your LA question about a 1994 CO DWI conviction?

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Pennsylvania on
Q: Can they take your driver's license for over 2 years for underage drinking? Section 6308.

I was underage and intoxicated, I was also just walking home. I dont see how they can take it for that long.

TERM SUSPENSION/REVOCATION

-You have a 2 YEAR(S) suspension/revocation that began(or will

begin) on 05/20/18 and will end on 05/20/20. The suspension/revocation... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Mar 26, 2020

Because under the old rules the statute allowed them to do that. If it was not a second offense underaged talk to an experienced PennDOT attorney about appealing it.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Pennsylvania on
Q: Can they suspend your driver's license for underage drinking for 2 years, I was not in a vehicle or even close to one

I was walking home intoxicated. I wasnt even driving and they took my liscence for over 2 years.

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Mar 26, 2020

Under the old rules they could for a second offense. They changed the statute a while back.

2 Answers | Asked in DUI / DWI for Florida on
Q: I had a DUI (MISDEMEANOR) back in 2014. The record says “ADJUDICATED GUILTY BY COURT” but then it says “DISMISSED”

316.193(1) TCATS - DUI (MISDEMEANOR)

I did 12 months probation, victim panel, and all requirements.

Does the “dismissed” after adjudication means the case was dismissed or is it a normal process of the court - adjudication, fines/punishment, then “dismissed” to close the... Read more »

Jonathan Blecher
Jonathan Blecher answered on Mar 23, 2020

In a Florida DUI case, a defendant can’t have an adjudication of guilt and a dismissal on the same charge. It sounds like you were convicted of a DUI. It’s possible that another charge that accompanied the DUI was dismissed, such as a traffic infraction. It’s difficult to answer this... Read more »

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1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Can I apply for early termination of probation or a DUI expungement without a lawyer in PA?

My lawyer helped me throughout my DUI trial and told me that after I completed my ARD, paid all fines, and finished 6 months of probation without any problems, that I could apply to be let off probabtion early (sentenced to 12 months probation) and have the DUI expunged. I am at this step now and... Read more »

Ellis B. Klein
Ellis B. Klein answered on Mar 21, 2020

To answer your question, yes you can absolutely do it yourself but you have to ask yourself do you know what you are doing? If you file for expungement and if it is not correct then it would not be taken off of your record. If your pipes are leaking at home are you going to hire a plumber so it... Read more »

1 Answer | Asked in DUI / DWI and Appeals / Appellate Law for New Jersey on
Q: does pleading guilty to breathalyzer count as a first dui offense? Also can you appeal your decision?
James A. Abate
James A. Abate answered on Mar 20, 2020

Opting for the ignition interlock device is a fist conviction. You should retain counsel and determine whether the charges are defendable. You cannot appeal your decision, but you may be able to withdraw a plea. You may only appeal decisions of the judge.

2 Answers | Asked in DUI / DWI, Traffic Tickets and Probate for Texas on
Q: Ima trying to know how long ima be locked up for
Grant St Julian III
Grant St Julian III answered on Mar 19, 2020

What are you charged with? Call an attorney in your area.

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2 Answers | Asked in Immigration Law, Criminal Law and DUI / DWI for Arizona on
Q: If a illegal immigrant has EDC Court , what will most likely happened on that day
Adan Vega
Adan Vega answered on Mar 18, 2020

At an Early Disposition Court session, you as a defendant will be arraigned, and a plea agreement will be offered by the County Attorney. If you accept the plea agreement, sentencing will occur that day or at an EDC session. If you do not accept the offered plea agreement, you will be allowed time... Read more »

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3 Answers | Asked in DUI / DWI for California on
Q: What type of paperwork can show that my previous cases have closed and I have no open cases against me?

I have had 2 dui and driving on a suspended license cases in the past. Using my finger prints my FBI background check shows these cases but doesn't clearly show that these cases have ended. What type of paperwork can I ask from the court to show that these cases have concluded and that there are no... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Mar 18, 2020

If by closed you mean settled, each case has a disposition order, that indicates your plea (or verdict) and sentence, you may be able to get the paperwork at any courthouse, but definitely at the courthouse where the case was prosecuted. Regarding open cases, that's what the background check is... Read more »

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3 Answers | Asked in DUI / DWI for California on
Q: During the covid-19 quarantines, it says to avoid gatherings of 10 people, must I go to court? I am scared to leave home

Trying to avoid social interaction, this is a serious issue in the US.

Dale S. Gribow
Dale S. Gribow answered on Mar 17, 2020

more info needed.

each county is different.

i just read today of LA continuing cases and here in Riverside Co they are likewise putting cases over.

you should call a local lawyer or request a public defender to assist you for you courthouse.

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2 Answers | Asked in DUI / DWI for California on
Q: What are the chances of having a 1st dui In california BAC .23 reduced or dismissed for medical reasons

.....

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Mar 17, 2020

It won't be dismissed for medical reasons, you may be found "not guilty" by a jury following a jury trial. You should contact a local DUI defense attorney to discuss your medical issues and how they can be developed into a defense.

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1 Answer | Asked in DUI / DWI for New Hampshire on
Q: Can you register a new car and drive it if you have an intoxilock in another vehicle?

Because my friend bought a new car and he has an intoxilock in his other vehicle

Leonard D. Harden
Leonard D. Harden answered on Mar 16, 2020

It is a crime to operative any vehicle not equipped with the IID if so ordered.

265-A:37 Alcohol Ignition Interlock Circumvention. –

I. Any person required by the court or by the commissioner of safety after a hearing pursuant to RSA 265-A:36-a to install an ignition interlock...
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