Lawyers, Answer Questions  & Get Points Log In
DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI and Family Law for Ohio on
Q: How do I know if my ex is required to have restrictive plates on his vehicle?

A court order issued in June says he must have restrictive plates, but there is no indication as to when the restriction would end.

Matthew Williams
Matthew Williams answered on Jul 11, 2020

The restriction ends when his limited driving privileges end and he can go back to having a regular license, which will be when any suspension ordered is over with.

2 Answers | Asked in DUI / DWI for Georgia on
Q: In a dui ...dring under the influence of drugs do they have to test you for the drug
Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jul 11, 2020

In Georgia, They will usually test under the DRE (drug recognition expert) guidelines for field sobriety examinations. However, They don’t have to test for the specific drug itself as there is no requirement for that.

View More Answers

2 Answers | Asked in DUI / DWI for Texas on
Q: Without any blood test, breathalyzer or field sobriety can they still convict a DUI?

Incident is over 2 years ago and all they have is body cam footage of car being off the side of road and suspect being belligerent. Is that enough evidence alone for a conviction? No prior DUI's before this

Grant St Julian III
Grant St Julian III answered on Jul 11, 2020

Short answer: yes, prosecution and/or conviction on DWI cases is still possible without the tests you describe. The State of Texas was prosecuting DWI cases long before blood or breathalyzer test were available. Talk with your attorney. Good luck.

View More Answers

1 Answer | Asked in DUI / DWI for Indiana on
Q: Hello I got 2 DUI’s in Kentucky, 2014 and 2016 both aggravated. Can I get this expunged?

Hello I got 2 DUI’s in Kentucky, 04/12/2014 and 12/10/2016 both aggravated. Completed all court ordered aa classes got my license back, no other offenses Would I be able to get these expunged?

Joel D. Hand
Joel D. Hand answered on Jul 9, 2020

You would have to get them expunged in Kentucky if expungement is permitted in the Commonwealth. You can only expunge an Indiana case in Indiana. I highly recommend re-asking this question of attorneys licensed to practice law in Kentucky.

1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and DUI / DWI for Idaho on
Q: DUI and Injury to child Dismissed with prej. my kids taken 3 times license 2 times cps got involved police said immenant

Police filed immenent danger to cps without giving me time to find them some one to pick them up from school. pulled over at 1030am. no kids in car. in jail I contacted kids step sister parents and they were gonna pick them up. cps said no and picked them up because police said there in imminent... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 6, 2020

Police didn't HAVE TO take the kids. Police COULD HAVE allowed you to pick them up or actually HELP you find a family member who could pick the kids up, BUT THEY DON'T HELP! THEY PUNISH and PUNISH and PUNISH you! YOU'RE A BAD DAD!! WE'RE GOING TO EVENTUALLY LET YOU HAVE YOUR... Read more »

1 Answer | Asked in DUI / DWI, Traffic Tickets and Appeals / Appellate Law for New Jersey on
Q: I would like to file a motion to seal records of a NJ Supreme Court/Appellate Division. Where do I file?

This court order stemmed from my appeal of a Motor Vehicle decision to suspend my license when receiving out of state information. I am finding it hard to have such information on immediate search engines when my name is "searched". It is affecting my ability to obtain the level of... Read more »

Gerald D. Siegel
Gerald D. Siegel answered on Jul 6, 2020

It's public information by law.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Question about first offense DUI.

I was charged in Jan. 2019 with DUI first offense and am still fighting it as of July 2020. I have not been convicted. In March of 2020, I was charged in a different county with DUI first. Since I have not been convicted of any DUI yet, could they both wind up as DUI first offenses if I am... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 6, 2020

That happens quite frequently. It depends on whether the second in time DA and Judge agree to your plea offer. You need to hire a competent attorney to represent you, and stay out of any more trouble.

1 Answer | Asked in Criminal Law and DUI / DWI for Georgia on
Q: How do you know if one has an active warrant without going turning yourself in?

Never was served papers. Rumors

Robbie Levin
Robbie Levin answered on Jul 5, 2020

Some jurisdictions will give this information over the phone. If not, you may want to hire a lawyer to look into it for you.

For more information visit my website at www.LevinLawyerGa.com

2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for Maryland on
Q: My brother was struck by a car and killed in Baltimore Maryland the officers won't tell us anything what can we do

We have a estate lawyer for him but they won't tell them anything but that it's a active murder investigation, wouldn't it be vehicular manslaughter. officers turned the case over to the ASA but nobody called n told us that they won't let us see the video of the accident either... Read more »

Mark Oakley
Mark Oakley answered on Jul 3, 2020

The personal representative of the estate should retain a personal injury lawyer to pursue a survival action, and your brother’s heirs (wife, children, parents, siblings) should retain a personal injury lawyer to pursue a wrongful death action. I’m n these cases, the estate may prefer to not... Read more »

View More Answers

1 Answer | Asked in DUI / DWI for Minnesota on
Q: My boyfriend is sitting in another county on a warrant how long can they hold him since covid 19 going on
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 3, 2020

They can hold him until he appears in front of a judge to address his conditions of release.

1 Answer | Asked in Criminal Law, Divorce and DUI / DWI for California on
Q: Is it illegal to pay a court clerk to inform you when a celebrity court case is filed?
Maurice Mandel II
Maurice Mandel II answered on Jul 2, 2020

The law prohibits paying a public employee of any kind for them to provide you with personal services not available to the general public. This is called bribery. Both the person paying and the recipient are committing a crime.

Justia disclaimers below, incorporated herein.

3 Answers | Asked in Criminal Law, Divorce, DUI / DWI and Small Claims for California on
Q: Is there a way to get alerted when a celebrity court case is filed?
Dale S. Gribow
Dale S. Gribow answered on Jul 1, 2020

not that i know of.

my job was usually keeping the press away when celebs got arrested....

sometimes the police, Clerks or DA would notify press

View More Answers

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Georgia on
Q: Hi Im deaf. is there a way to appeal after missing deadline to prevent license suspensions?

I was arrested in dec 2019 and by Feb 2020 I was notificated that my license was suspended and I didnt know bout $150 fee. any way I can appeal or work to get driving permit?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jul 1, 2020

Yes, it is possible. It is best to contact an attorney who can assess the details of your circumstances, get additional information from you and provide you with a detailed solution.

We are glad to assist you. Contact us whenever you are ready.

We wish you well.

The Upshaw...
Read more »

2 Answers | Asked in DUI / DWI for Alabama on
Q: Reiceived first dui in AL, bac was .084, in jail 5 hrs, have my DL, could I possibly get it dismissed? Do I plead guilty

No criminal history at all, was not intoxicated. Blew a .084 both times he tested me in the field and was under the legal limit at the jail. They held me for 5hrs and I was released with my DL. I need my drivers license for work to make a living. Is there any way I can get this dismissed and not on... Read more »

Travis T Juneau
Travis T Juneau answered on Jul 1, 2020

DUI charges are very complex to defend. You may be eligible for pretrial diversion, but that will depend on your DA's office policies and if you have a Commercial Driver's License, CDL. If you really need to save your license, you should get an attorney involved as soon as possible.

View More Answers

1 Answer | Asked in Criminal Law, DUI / DWI and Civil Litigation for Kentucky on
Q: Accepted a no restitution plea deal, but at sentencing the judge changed it. Is that allowed

Dui/ passenger injured. Accepted a 2nd degree assault but misdemeanor dui.

Timothy Denison
Timothy Denison answered on Jul 1, 2020

Yes. The judge has the authority to add any conditions he deems appropriate.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: If you had a dui. Do you have to go through all of that stuff if you don't want a driver license just an id?
Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Not sure of your question. But DOS issues ID Cards and will require Birth Certificates or your old TNDL, at least. And completing a DUI Sentence is usually not required, but could cause other problems.

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Tennessee on
Q: Is it more likely that I am facing jail time or probation?

I am 19 facing a DUI charge. I made the terrible decision to drive after I was drinking with some friends. I did not really know my limit; therefore, I was too intoxicated. Prior to that I smoked marijuana so I know that both substances will appear in my blood sample. The violation listed on my... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 30, 2020

I would hire a competent local criminal defense attorney. At a very minimum, you will spend 48 hours in jail, perhaps more with the marijuana charge. You will have to attend a DUI class and pay fines and court costs.

If you want a license, you will have to pay for an ignition interlock...
Read more »

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Can the judge send me to jail?

I was convicted of 3rd dui aggravated in Kentucky. 60 min sentence. They asked me if I wanted long term rehab and I said yes. I served 33 days in jail and they got me out and sent me to a 9 month long rehab. I completed the rehab and was told early on I’d have to finish my 60 day sentence. I went... Read more »

Timothy Denison
Timothy Denison answered on Jun 28, 2020

Doubtful he will remember and if youve been discharged from probation, it won’t likely be an issue.

1 Answer | Asked in DUI / DWI for Alabama on
Q: I recieved a dui 2 years ago. I went through court referral and done some classes, had it dismissed.

I just recieved another dui. Can I go through court referral again? Will the other one show up? Should I get a lawyer.

Sheila Crumley Field
Sheila Crumley Field answered on Jun 28, 2020

Check to see if they have a Diversion program. You can enter that program and get it dismissed that way.

3 Answers | Asked in Criminal Law, DUI / DWI and Immigration Law for Wisconsin on
Q: I have a DUI homicide case on my record, can I apply as a petitioner to have my fiance come and marry me with a K1 VISA?

I was 17 years old when it happened. My sentence was 5 years prison time 5 years extended suppervision. Im 32 now and its the only blemish on my record.

Kevin L Dixler
Kevin L Dixler answered on Jun 27, 2020

It is likely, but more information is needed, but you should probably work with a competent immigration and visa attorney in case there are discretionary issues that create confusion for you. There may be more than one option.

If the questions are improperly answered, and that is not...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.