DUI / DWI Questions & Answers

Q: i got a DUI driving with suspended lisence possion and tampering with evidence this was in Doyle's town

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Aug 14, 2018
Cary B. Hall's answer
If this is your first DUI, I've got to think that your driver's license suspension was not a DUI-suspension. Extremely important distinction, because if you drive on a DUI-suspended license, it's an automatic 60 days in jail. If you drive *drunk* on a DUI-suspended license, it's 90 days in jail. But if it's just driving on a regular ol' suspended license, whether drunk or sober, there's no extra jail time.

For a first DUI, it's usually up to 72 hours in jail -- unless you qualify for...

Q: Under what circumstances can I get a DUI taken off my record?

1 Answer | Asked in DUI / DWI for Florida on
Answered on Aug 14, 2018
Kevin John Mawn's answer
Florida law requires that you are adjudicated guilty upon the entry of a DUI plea or conviction at trial. Since you can only seal the withholding of guilt, you can not remove a DUI conviction from your Florida driving record.

Q: If I get a wet and reckless as a minor, will I lose my license?

1 Answer | Asked in DUI / DWI for Illinois on
Answered on Aug 14, 2018
Theodore J. Harvatin's answer
Not just from that single conviction

Q: Will I get extradited from another state away by my P.O. if I am in violation of my probation? It was a misdemeanor DUI.

1 Answer | Asked in DUI / DWI for California on
Answered on Aug 11, 2018
John Karas' answer
Something will "come out of it" (violation of your probation on your out-of-state DUI probation), just not what you think.

It is highly unlikely that WA would extradite you on a misdemeanor. However, if you fail to complete your outpatient treatment, it will be reported not only to the WA court that placed you on probation, it will also be reported to the WA state DMV resulting in a suspension of your driver's license. WA (and CA) are part of an Interstate Compact and the license...

Q: I was pulled over for DUI on June 29th my court date is not until November 7th that is arraignment on August 22nd for su

1 Answer | Asked in DUI / DWI and Civil Rights for Virginia on
Answered on Aug 11, 2018
Stephen Patrick Pfeiffer's answer
If you are not getting the level of representation you want you should consider hiring private counsel.

Q: What is dram shop liability and how can a bar be held responsible for the car accident of one of its drinking patrons?

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Aug 10, 2018
Mr. Ryan L Hyde's answer
Respectfully, this is not an easy question to answer. Dram Shop litigation is an area best explained by specialists. Essentially it is an advanced form of negligence where case and statute has held that drinking establishments can be held accountable for overserving clients. Your best bet would be to contact one of the local Dram Shop experts in your area.

https://en.wikipedia.org/wiki/Dram_shop has a decent explanation.

Q: In a traffic stop what constitutes a "lawful order"?

1 Answer | Asked in Traffic Tickets and DUI / DWI for Kentucky on
Answered on Aug 9, 2018
Timothy Denison's answer
Any reasonable request of the police officer to the driver.

Q: Criminal case file

1 Answer | Asked in Criminal Law and DUI / DWI for Virginia on
Answered on Aug 9, 2018
Bryan J. Jones' answer
Probably not. You're attorney may be able to review the file, but prosecutors in Virginia are not required to turn over your case file.

Q: Would this check return a recent DWI arrest in NY that was pled down to a DWAI violation?

2 Answers | Asked in DUI / DWI and Traffic Tickets for New Jersey on
Answered on Aug 8, 2018
H. Scott Aalsberg Esq.'s answer
Almost any check can find any public record and sometimes even indexed on google for everyone to see.

Q: What are my options. I was overpaid General Assistance?

1 Answer | Asked in DUI / DWI and Gov & Administrative Law for New Jersey on
Answered on Aug 7, 2018
Leon Matchin's answer
I would consider bankruptcy.

Q: I received a 3 day suspension of my license while in Canada after a breathalyzer. How will this affect my NYS DL?

1 Answer | Asked in Traffic Tickets and DUI / DWI for New York on
Answered on Aug 6, 2018
Zev Goldstein's answer
Make sure you take care of the suspension in Canada, because you may remain suspended in NY indefinitely as long as the suspension in Canada is open.

Q: What happens if you refuse a breathalyzer?

1 Answer | Asked in DUI / DWI for Tennessee on
Answered on Aug 6, 2018
Anthony Marvin Avery's answer
The District Attorney can quickly move to have your driving privileges in Tennessee revoked. Otherwise at Trial, the Judge alone decides whether a violation of Implied Consent occurred or not. With earlier revocations, the revocation period can be longer than one year. It is possible to be convicted of DUI and not Implied Consent, and vice versa. it is also possible for a Restricted License to issue for a year after the DA goes after you, and then you are convicted of DUI a year later...

Q: What is the difference between a DUI and a wet and reckless?

1 Answer | Asked in DUI / DWI for Arizona on
Answered on Aug 6, 2018
Matthew Maerowitz's answer
There's no such thing as a "wet and reckless" in Arizona. There is however a crime of reckless driving. In terms of the difference between Reckless driving and DUI they both carry 8 points on MVD driving record, but DUI is a higher class of offense and carries certain mandatory minimum penalties that a reckless driving conviction does not carry. For example, even a regular first offense DUI carries a mandatory minimum 1 day jail with an additional 9 days suspended upon completion of alcohol...

Q: If a university serves alcohol at an event and a student who's under 21 sneaks in, drinks, and subsequently gets into a

1 Answer | Asked in DUI / DWI for Wisconsin on
Answered on Aug 6, 2018
Aaron W Schenk's answer
Not necessarily in a criminal sense. Normally, there might be the chance of civil liability. But, most universities have sovereign immunity based on their relationship to the state.

Q: Am I liable if I’m in a car accident and the driver was intoxicated and I didn’t stop them from driving?

2 Answers | Asked in DUI / DWI for New Jersey on
Answered on Aug 6, 2018
H. Scott Aalsberg Esq.'s answer
Yes you are certainly liable for allowing a driver to drive while intoxicated your car.

Q: I was tipsy when I clipped a jaywalking pedestrian. Shouldn’t they get cited for jaywalking and causing a hazard instead

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Aug 6, 2018
Mark Oakley's answer
Were you charged with DUI? It doesn't matter if they were jaywalking. It may be that you're not guilty of failing to yield to a pedestrian crossing outside of the cross-walk, and it may also be that the pedestrian is contributorily negligent for his injuries, and it may even be none of your fault that you hit the pedestrian in the first place, but if the police came to the scene, then they have every right to make observations of you and ask you questions, and then determine whether to arrest...

Q: Can you get a dui if you have an open alcohol container in your car?

2 Answers | Asked in DUI / DWI for Georgia on
Answered on Aug 6, 2018
Robbie Levin's answer
You can get a DUI with or without an open container of alcohol in your car.

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

Q: Does your state of intoxication have anything to do with the severity of your DUI charge? Does the punishment get worse

1 Answer | Asked in DUI / DWI for Minnesota on
Answered on Aug 6, 2018
Jonathan Matthew Holson's answer
Yes. In Minnesota, 0.8 to .15 is typically a misdemeanor offense. If your test is .16 or higher, the charge becomes a gross misdemeanor, even if you do not have prior DWI's/

Q: Can you get a DUI with less than .08?

1 Answer | Asked in DUI / DWI for Illinois on
Answered on Aug 6, 2018
Juan Ooink's answer
Yes, you really should be discussing this with your attorney if you have been charged with a DUI. If you have not hired an attorney yet, and you have been charged with a DUI, you need to hire an attorney now. DO NOT hesitate.

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