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DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Arkansas on
Q: Got dwi without sobriety test,went to jail but not for dwi but for being mouthy. Can I be charged with dwi
W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 2, 2020

Yes, but the real question is, can you be convicted?

1 Answer | Asked in DUI / DWI for North Carolina on
Q: So if I was ordered to do x,y and z instead of 60 days jail time, but went to jail anyway doesn't that cancel out xy&z?

So I was ordered to get the blower, go to alcohol classes, be on unsupervised probation and whatnot in lieu of active time. Then I was arrested anyway, so what I'm asking is could I not have just activated my time for this charge while I was already locked up so I wouldn't have to get out... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 30, 2020

It could have if you would have hired an attorney to handle it for you at the time. If you didn't - likely not, you'd likely just have x,y and z waiting for you when you got out of jail.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Can I hire a lawyer and get a 5 year old DUI taken care of with a court date instead of jumping thru a bunch of hoops?

I was sentenced for a level 5 DUI in Guilford county in 2015 and given unsupervised probation and several hoops to jump through in order to drive again. I was promptly arrested a few months later on unrelated charges and given a lengthy prison bid. The whole time I was going through court I asked... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 30, 2020

An experienced DWI attorney in the area where the case was heard may be able to go back into your old case and can likely help you avoid some of the 'BS' as you put it but the bottom line is you will have to comply with whatever ultimately gets ordered by the Court or you will have to... Read more »

2 Answers | Asked in Traffic Tickets, DUI / DWI and Federal Crimes for Illinois on
Q: I went 90 mph in a 60 mph highway. I got pulled over and got no ticket but got court and I dont know what to do.
Brandon K. Davis
Brandon K. Davis answered on Nov 30, 2020

Because it is a criminal offense (with a mandatory court appearance), having an attorney is recommended. Aggravated speeding 26-34 mph over the limit is a class b misdemeanor. Technically, it is punishable by up to 6 months in jail and a $1500 fine. Depending on certain factors, it may be possible... Read more »

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2 Answers | Asked in DUI / DWI and Traffic Tickets for Illinois on
Q: I drove 90 mph in a 60 mph zone in a Express. What lawyer should I get?
Brandon K. Davis
Brandon K. Davis answered on Nov 30, 2020

Because it is a criminal offense (with a mandatory court appearance), having an attorney is recommended. Aggravated speeding 26-34 mph over the limit is a class b misdemeanor. Technically, it is punishable by up to 6 months in jail and a $1500 fine. Depending on certain factors, it may be possible... Read more »

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2 Answers | Asked in DUI / DWI and Immigration Law for North Carolina on
Q: My boyfriend(illegal) was arrested for dui(2nd time), driving my car. It was seized by state. How do I get it back?

My boyfriend,age 25, has been in US since he was a child, illegally. He's never had a us license. He got arrested at age 19 for dui. He was arrested yesterday for dui(out on custody release). I am the owner of the car, and was unaware that he'd been drinking. I was asleep in passenger... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 29, 2020

More information is needed. Who took the car? Where?

The car probably was likely taken for reasons other than immigration. Find out why! It may have been impounded for a search warrant.

If there were drugs found in the car, it can be forfeited. Find out whether it was...
Read more »

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1 Answer | Asked in DUI / DWI for Kentucky on
Q: My husband was recently arrested for DUI with aggravated D. He complied with the officers and his report even notes that

This is his first offense and doesn’t even have a ticket on his record. His court date isn’t until Jan but we are already enrolled in mandatory classes. How likely would he serve Jail time?

Timothy Denison
Timothy Denison answered on Nov 25, 2020

Not likely but could depend on his BAreading and prior record.

1 Answer | Asked in Car Accidents, Criminal Law, Personal Injury and DUI / DWI for Texas on
Q: My wife was arrested and charged with Intoxication Assault w Serious Bodily Injury (a 3rd degree felony).

Her lawyer advised it would be better to plea to Agg Assault w/ Deadly Weapon (a 2nd degree felony). Is there any sense to pleading to a higher degree felony? Probation is offered in both cases by the prosecutor.

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 24, 2020

As a general rule, a second-degree felony is more serious than a third degree. However, nobody on this forum is in any position to second guess your wife's attorney. There are reasons why this could make sense, so your wife should simply ask her attorney for an explanation.

For...
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1 Answer | Asked in Criminal Law, Personal Injury and DUI / DWI on
Q: Vehicular homicide and first degree negligent injury. No priors. Chances of minimizing the sentence?
Tim Akpinar
Tim Akpinar answered on Nov 24, 2020

A Louisiana attorney could advise best, but your post remains open for four weeks. It could be difficult for any attorney, regardless of jurisdiction, to advise based on these brief facts alone. You may need to reach out to a Louisiana criminal defense attorney to discuss in greater detail.... Read more »

3 Answers | Asked in Criminal Law, DUI / DWI and Arbitration / Mediation Law for Minnesota on
Q: Hi, I am having issues with fulfilling my community service hours due to COVID

I am wondering about how courts are dealing with this COVID mess and the required hours for community service. Instead of doing Sentence-to-serve, I have been approved to do community service but have been having a difficult time fulfilling my hours. My deadline has already been pushed back twice... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Nov 24, 2020

I would expect that a probation and a judge would give extensions for this reason, but in the end would require the time to be served in jail. After all, community service is considered a jail substitute by the courts. Therefore, if it were me, I'd simply find a way to get the hours done.... Read more »

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2 Answers | Asked in DUI / DWI for Minnesota on
Q: I was arrested for a DUI over a year ago. I gave up my license for a year. What are the reinstatement requirements?

First offense. First ticket ever, actually. I am not sure if I need to bring my court paperwork and paperwork from the program, both inpatient and outpatient I went to. It is impossible to find out what I need to do. I found one site that says completed court requirements, but I am on self... Read more »

William Bailey
William Bailey answered on Nov 22, 2020

You are confusing the criminal court requirements and the license requirements. Contact the department of public safety and they can tell you how to reinstate.

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1 Answer | Asked in DUI / DWI, Civil Rights, Constitutional Law and Gov & Administrative Law for New Hampshire on
Q: Once bookd at the pd for arrest if the cops let me read the miranda right aloud not them to me is that possible dismis

Was arrested for refusing breathalyzer, after passing field test. While being booked at the station, the officer started to read the miranda rights and I forget why I said, do u want me to read it? I think it's because he was flopping over words and with masks I cant hear him well anyways. He... Read more »

Leonard D. Harden
Leonard D. Harden answered on Nov 22, 2020

This is a commonly asked question. I have answered it in a FAQ on the internet. http://nhcriminallaw.com/frequently-asked-questions/

Here is the law a about Miranda:

What if the police don’t read me my rights?

This is one of the most commonly asked questions....
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3 Answers | Asked in DUI / DWI for California on
Q: Can a truck be towed on private property after arrest of dui. Car was parked, car wasn’t on. No keys in ignition.

Person was arrested for dui, trucked parked on private property. Person wasn’t caught driving. Sitting in his truck at liquor store. Now tow is $500 today .

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Nov 21, 2020

Generally, parking lots (while being privately owned) are deemed "public" and are subject to enforcement of laws as any public area. While the officers could have left your legally parked car alone, they also have the authority to tow it, and your case, they did.

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1 Answer | Asked in DUI / DWI for Oregon on
Q: I appeared at my court date for a DUI charge and no charges were filed. Can they re-cite me?

The officer called me over a week past my court date I appeared at and she did not, nor did she file charges. Is it legal for her to re cite me now?

Brandon C. Foy
Brandon C. Foy answered on Nov 21, 2020

Because a DUI is a crime and not a violation, the local prosecutor (not the officer) actually files the charge with the court. The process involves the police turning their citation, reports, and other case info over to the prosecutor’s office to make their charging decision.

This process...
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1 Answer | Asked in DUI / DWI, Family Law and Child Custody for Texas on
Q: My name is lisa and my daughter just had a baby and he tested positive for meth, which ;) shouldn't have because she

Can a person be denied guardianship over a child that has an 8 year old or longer dui charge?

Sharita Blacknall
Sharita Blacknall answered on Nov 18, 2020

It depends on the totality of the circumstances and the person's current situation. The person seeking guardianship can file with the court under certain circumstances in order to show that they are a good candidate for guardianship.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: If you have a dwi and 2 years later are charged with a refusal to submit are the penalties enhanced as a second DWI or

remain the same as a first time refusal?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 18, 2020

More information is needed to properly answer your question, so I suggest consulting with a lawyer to get the correct answer for your situation, but In general they are different offenses so the answer would be no, but generally if you have a refusal you get a DWI also so that would be your second... Read more »

1 Answer | Asked in DUI / DWI for Ohio on
Q: I am applying for a school bus driving job. I had a DUI 15 yrs ago. Will this show up on the abstract?
Brian Smith Esq
Brian Smith Esq answered on Nov 18, 2020

In Ohio, traffic offenses - including DUIs - remain on a person's record. They do not drop off at any time in terms of background checks. However, auto insurance companies typically only look back so far. One would expect that a school would see a prior Ohio DUI conviction if it ran a... Read more »

2 Answers | Asked in DUI / DWI for Colorado on
Q: Can I get a Colorado ID if I have a bench warrant? Will the DMV check for warrants?

I believe the warrant is for not completing probation for a DUI.

Sean Maye
Sean Maye answered on Nov 17, 2020

This is an interesting question. If you have an active warrant for your arrest, it is very likely that the DMV, which has access to various government records, will see your warrant and contact the police to arrest you - especially if your criminal bench warrant is related to a traffic offense... Read more »

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3 Answers | Asked in DUI / DWI for California on
Q: What are the charges for accidentally killing someone while drunk driving?
Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Nov 16, 2020

Depends. Could be manslaughter or could be 2nd degree murder.

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5 Answers | Asked in DUI / DWI for California on
Q: What is Max prison time if convicted of a drunk driving w/ great bodily harm charge?

How early can you get out of prison on this charge if you have good behavior?

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Nov 16, 2020

It's not how early, it's how long. One person could be 6 years. Plus any other charges. But in theory, with a good lawyer and facts, you could avoid any prison time.

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