DUI / DWI Questions & Answers

Q: My husband just got a DUI. court is in one week. We are thinking of calling the cop involved to beg for mercy.

1 Answer | Asked in DUI / DWI for North Dakota on
Answered on Jan 20, 2018

Listen to your lawyer. Calling the officer will have no impact, the case is in the prosecutor's hands. Most people who attempt to negotiate with the prosecutor on their own end up digging a deeper hole.
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Q: DUI 4th offense in 10 years

2 Answers | Asked in DUI / DWI for Virginia on
Answered on Jan 20, 2018

Any charge can potentially be reduced if you work out a plea agreement with the Commonwealth Attorney’s Office. However, some Commonwealth Attorneys have different policies when it relates to discretion on DUI charges. Talk to a local attorney who can advise you on possibilities and the defences.
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Q: Within how many hours must a chemical test be performed from the arrest of a DUI?

2 Answers | Asked in DUI / DWI for California on
Answered on Jan 19, 2018

3 hours

however many courts do not follow that guideline so the courthouse and judge you are in front of will be important
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Q: If pulled over for moving violation in WA, can officers automatically order you out of vehicle w/out lawful grounds?

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Washington on
Answered on Jan 18, 2018

Assuming that you were stopped lawfully, and lawfully detained at the time, law enforcement can ask you to exit the vehicle.
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Q: Can you go to jail for your first DUI?

2 Answers | Asked in DUI / DWI for Illinois on
Answered on Jan 18, 2018

Yes up to 364 days. But for a "plain vanilla" DUI, it's unlikely.
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Q: It's been 3 yrs since I received my first DUI. I haven't been charged in court yet. Loosing my license for a year,

1 Answer | Asked in DUI / DWI for North Carolina on
Answered on Jan 17, 2018

You've had a pending DWI for 3 years? Sounds like you should be speaking with an attorney regarding your case - you have what we call a Turner issue. There is some current litigation concerning the statute of limitations that the State has to prosecute people charged with misdemeanors, like DWIs. Speak with an experienced criminal defense/DWI attorney in the county where you were charged regarding this issue.
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Q: My DWI was dismissed and I want to get my arrest expunged. I don't know which form to use. All seem to be for conviction

1 Answer | Asked in Criminal Law and DUI / DWI for North Carolina on
Answered on Jan 17, 2018

Wow, it's rare that a DWI is dismissed. I hope you bought a Powerball ticket. You are looking for Petition and Order of Expunction Under G.S. 15A-146.
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Q: Can you resolve dwi p.o. violation warrant in mn from 10 years ago without going to jail if your already on

1 Answer | Asked in DUI / DWI and Criminal Law for Minnesota on
Answered on Jan 17, 2018

Maybe. Normally the way to clear a Arrest and Detain Order or Arrest Warrant due to an alleged probation violation is to turn yourself in (or be caught and arrested) to get booked into the appropriate jail, then eventually have a judge review and decide on release. If it's that old, it could have gone inactive. You could call the P.O. and see what they say, if you want to clear it.
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Q: Husband had dui 12 yrs ago, took class and given unsupervised probation for a year judge said no record after that

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Jan 16, 2018

MD says you can be asked about convictions not arrests. Don’t answer about arrests. Leave that blank unless he’s applying for a certain type of job where that can be required such as a police officer
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Q: So I got my first dwi this year I’ve never gotten into any trouble before and I don’t know what steps to take. I no

1 Answer | Asked in DUI / DWI for Texas on
Answered on Jan 16, 2018

First, seek the representation of a defense attorney who works with DWIs a lot. As for your license issue, you should have gotten a form, Notice of Suspension/ Temporary Driving Permit (form DIC-25), when they confiscated your license. That serves as a temporary license after confiscation.

That form also tells you that there is an automatic license suspension after 40 days upon refusal to provide a blood/breathe specimen or failure of the blood/breathe test, and also tells you that you...
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Q: I went to turn myself into jail on 1/12 and they said they couldn't keep me because the date was for 2017 not 2018.

1 Answer | Asked in DUI / DWI for Arizona on
Answered on Jan 16, 2018

No. You will still have to serve the jail. Unfortunately, this is a common issue. Go back to the Court and get a new confinement order with a new self-surrender date that is listed correctly. If you don't, you will get a summons for an Order to Show cause or Petition to Revoke Probation. Don't wait for this.
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Q: Can sheriffs be sent to pull people over when they’re tipped off about a driver without a license?

1 Answer | Asked in Traffic Tickets and DUI / DWI for Ohio on
Answered on Jan 15, 2018

They could've called the sheriff. But, they don't have to, and the sheriff may not intercede if it's patrols jurisdiction.
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Q: When can you apply for OLL in PA?

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Jan 15, 2018

The challenge is the Occupational Limited License is no longer available for DUI suspensions. The law changed in August of last year and there are still a lot of questions about its application. With two offenses he may be eligible for an ignition Interlock Limited License. The chart here shows when he would be eligible for appying: http://www.dot.state.pa.us/Public/DVSPubsForms/BDL/BDL%20Fact%20Sheets/fs-iillchart.pdf

As you can see from the chart it appears that the application...
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Q: DRV AFTER ILLEGL CONSUME ALCOH

1 Answer | Asked in DUI / DWI for Virginia on
Answered on Jan 15, 2018

There is not enough information to answer your question. For example, the first one sounds like a DUI. How much jail time, if any, would depend on your criminal record, if any, the BAC if any, etc. You should seriously consider hiring a local experienced criminal defense attorney.
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Q: what is a tulsa county district court magistrate

2 Answers | Asked in Criminal Law and DUI / DWI for Oklahoma on
Answered on Jan 14, 2018

It usually means a Special District Court Judge who handles preliminary hearings and motions in Criminal cases. They are appointed, not elected.
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Q: What happens to the bond I paid if the case is dismissed

1 Answer | Asked in DUI / DWI for Tennessee on
Answered on Jan 13, 2018

You don't get it back if that is what you are asking.
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Q: What rights do I have in NJ as residentialparent when ex husband received a DUI, 2nd offense in four years?

2 Answers | Asked in DUI / DWI and Family Law for New Jersey on
Answered on Jan 12, 2018

You have no rights unless you assert them by hiring a good family lawyer and try to get your divorce decree changed.
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Q: What are the driving laws now that pot is legal?

2 Answers | Asked in DUI / DWI for California on
Answered on Jan 12, 2018

YOU CAN NOT DRIVE UNDER THE INFLUENCE JUST AS YOU CAN NOT DRINK AND DRIVE.

DO NOT HAVE IT IN THE CAR TO BE SAFE.

SB65 SAYS CANNABIS USE IN CARS IS NOW ILLEGAL FOR DRIVER AND PASSENGER
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Q: Can you please tell me when O.C.G.A. 40-6 391(l) was passed?

1 Answer | Asked in DUI / DWI and Criminal Law for Georgia on
Answered on Jan 11, 2018

It has been around as long as I can remember. Why do you ask?
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Q: Marijuana was found in my 16 y/o son's car. His 15 y/o bro and 16 y/o fx bro were questioned w/out telling me!

1 Answer | Asked in DUI / DWI, Civil Rights and Criminal Law for Georgia on
Answered on Jan 11, 2018

Yes, it is legal, and happens quite often.
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