DUI / DWI Questions & Answers by State
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DUI / DWI Questions & Answers
Q: I was pulled over for running a stop sign and got a DUI, but I was exiting a one-way road the wrong way so no stop sign
Bernard Crane's answer
Sounds like you were stopped for erratic driving, and that gave the officer reason to suspect you might be intoxicated. Driving the wrong way on a one-way street clearly gave the officer enough articulable suspicion to at least stop you. After that, the progression of the arrest is based on the officer's observations and your performance on any field sobriety tests.
You should hire a good lawyer right away.
Sounds like you were stopped for erratic driving, and that gave the officer reason to suspect you might be intoxicated. Driving the wrong way on a one-way street clearly gave the officer enough articulable suspicion to at least stop you. After that, the progression of the arrest is based on the officer's observations and your performance on any field sobriety tests.
You should hire a good lawyer right away.
Q: Can the State of Arizona suspend a driver's license from another state? a person was arrested for a DUI now is in prison
Bernard Crane's answer
If I understand your question, I think you are asking if Arizona can suspend the driving privileges of a person who never had an Arizona license. if the charge is for driving in Arizona, clearly the answer is yes. Arizona can not suspend the person's Wisconsin license. That is up to Wisconsin to do, although Wisconsin very well MAY do it based on the Arizona conviction. However, if you get arrested for DUI (or any other traffic offense) in Arizona, the State of Arizona can clearly suspend your...
If I understand your question, I think you are asking if Arizona can suspend the driving privileges of a person who never had an Arizona license. if the charge is for driving in Arizona, clearly the answer is yes. Arizona can not suspend the person's Wisconsin license. That is up to Wisconsin to do, although Wisconsin very well MAY do it based on the Arizona conviction. However, if you get arrested for DUI (or any other traffic offense) in Arizona, the State of Arizona can clearly suspend your...
Q: Will a second DUI get jail time?
Bernard Crane's answer
In most places, yes. Perhaps not a lot of jail time, but many jurisdictions now have mandatory time for a second offense.
In most places, yes. Perhaps not a lot of jail time, but many jurisdictions now have mandatory time for a second offense.
Q: Is an employer responsible for a driver that gets a DUI after the office holiday party?
Bernard Crane's answer
You are confusing civil and criminal cases. A bar owner CAN be found negligent and responsible if he over-serves a patron and that patron goes out and injures another person or property. However, 1) it is not entirely clear that an employer could be held to the same standard as a bar owner in that situation and found responsible for injuries caused after a holiday party, and 2) you are on your own for the DUI. The liability (if any) for proximately caused damages of the person who serves the...
You are confusing civil and criminal cases. A bar owner CAN be found negligent and responsible if he over-serves a patron and that patron goes out and injures another person or property. However, 1) it is not entirely clear that an employer could be held to the same standard as a bar owner in that situation and found responsible for injuries caused after a holiday party, and 2) you are on your own for the DUI. The liability (if any) for proximately caused damages of the person who serves the...
Q: What is the process by which I can get a DWI conviction removed from my record?
Matthew Williams' answer
An OVI conviction in Ohio cannot be sealed or expunged though the points will fall off your license.
An OVI conviction in Ohio cannot be sealed or expunged though the points will fall off your license.
Q: criminal charges (DUI) in two counties; time served counted for second county concurrent with first count?
Cary B. Hall's answer
No idea. It depends on your particular case(s), whether there was bail set in the second county before or after the first charges, etc.
A criminal defense attorney is going to have to sit down and compare the paperwork and dockets in both cases to answer your question. Your best bet is to hire one to do so. That attorney can also advocate for you so that perhaps you CAN double-dip with the time served so that both counties are satisfied.
Best of luck to you.
No idea. It depends on your particular case(s), whether there was bail set in the second county before or after the first charges, etc.
A criminal defense attorney is going to have to sit down and compare the paperwork and dockets in both cases to answer your question. Your best bet is to hire one to do so. That attorney can also advocate for you so that perhaps you CAN double-dip with the time served so that both counties are satisfied.
Best of luck to you.
Q: My publoc defender made me pead guilty to DUI at my jurytrail because I showed up late said I'd do 90 days no bond
1 Answer
| Asked
in
Criminal Law, DUI / DWI, Appeals / Appellate Law and Legal Malpractice
for
Kentucky
on
Answered on Dec 15, 2018
Answered on Dec 15, 2018
Timothy Denison's answer
You can make a motion to set aside your plea. It is up to the court as to whether to rehear it or not.
You can make a motion to set aside your plea. It is up to the court as to whether to rehear it or not.
Q: I got charged with 2nd dui but my first was 5 years and 2 months ago. should I plea not guilty?
Arthur Calderon's answer
You should definitely plead not guilty, and then get an attorney who can look at all of the facts and circumstances of your case.
You should definitely plead not guilty, and then get an attorney who can look at all of the facts and circumstances of your case.
Q: So if I refuse a BAC test, I lose my license. But is that it? What are the other penalties in WA?
Stan Glisson's answer
Complex question, I'll try to make it short.
Administratively you MAY lose your license. If you have no priors, the DOL will revoke for a year unless you successfully appeal. You may be able to drive during the revocation if you install an interlock and apply for a restricted license. The DOL will also require high risk insurance for three years.
If you are charged with DUI and a refusal, the penalties (compared to blowing over the limit) all increase. No matter how high the...
Complex question, I'll try to make it short.
Administratively you MAY lose your license. If you have no priors, the DOL will revoke for a year unless you successfully appeal. You may be able to drive during the revocation if you install an interlock and apply for a restricted license. The DOL will also require high risk insurance for three years.
If you are charged with DUI and a refusal, the penalties (compared to blowing over the limit) all increase. No matter how high the...
Q: If a policeman asks me to take a field sobriety test, am I required to comply? What if I resist?
Mark Oakley's answer
You are not required to perform any field sobriety tests. You do not “resist”—you politely decline to do any of their tests. If they transport you to the station under arrest, and offer you a breath test at the station (not the one on the side of the road) and it’s your first offense, then generally you are better off taking it rather than refusing as the license consequences for a breath test refusal are much more severe than if you take the test and blow above the legal limit.
You are not required to perform any field sobriety tests. You do not “resist”—you politely decline to do any of their tests. If they transport you to the station under arrest, and offer you a breath test at the station (not the one on the side of the road) and it’s your first offense, then generally you are better off taking it rather than refusing as the license consequences for a breath test refusal are much more severe than if you take the test and blow above the legal limit.
Q: Is there a limit to how long to the police have to give me a drug test once they stop me?
Frank B. Ford's answer
No, there is not a time limit. Any delay can be considered in determining the reliability of the results, but probably not their admissibility. If you don't have an attorney to help you with this situation, get one. Sincerely, Frank B. Ford
No, there is not a time limit. Any delay can be considered in determining the reliability of the results, but probably not their admissibility. If you don't have an attorney to help you with this situation, get one. Sincerely, Frank B. Ford
Q: What am I looking at if I get a notice that I failed to appear in court - I was pulled over for a DUI.
Daniel P Leavitt's answer
You will want to contact an experienced lawyer in the court where you got charged.
Your outcome will be a function of your past record, the facts of your case and whether or not there are legal defenses.
Dan
You will want to contact an experienced lawyer in the court where you got charged.
Your outcome will be a function of your past record, the facts of your case and whether or not there are legal defenses.
Dan
Q: If I am driving intoxicated on my own property, can I get arrested for a DUI?
H. Scott Aalsberg Esq.'s answer
Well the answer depends on many factors one would be to get to your property did you drive on public property? Generally that is a yes, so yes you could be arrested for DUI. Either way you need a lawyer, call one of us DWI/DUI lawyers most of us offer free in office consultations.
Well the answer depends on many factors one would be to get to your property did you drive on public property? Generally that is a yes, so yes you could be arrested for DUI. Either way you need a lawyer, call one of us DWI/DUI lawyers most of us offer free in office consultations.
Q: What types of steps are police officers allowed to take to confirm someone has been driving under the influence?
Juan Ooink's answer
Not really sure what you are looking for with an answer from this question. If you have been charged with a DUI, you need to hire an attorney right away. The sooner you hire an attorney, the sooner that attorney can start working on your case. There are time sensitive matters when dealing with a DUI and the longer you wait the harder it gets for an attorney to handle your case.
Not really sure what you are looking for with an answer from this question. If you have been charged with a DUI, you need to hire an attorney right away. The sooner you hire an attorney, the sooner that attorney can start working on your case. There are time sensitive matters when dealing with a DUI and the longer you wait the harder it gets for an attorney to handle your case.
Q: What do I do about a dui conviction
Michael D. Litman's answer
I'm not sure what your question is. If you were convicted of a DWI, you should have had a lawyer representing you and advising you about the consequences of a guilty plea or conviction after trial. A criminal conviction goes on your record and stays on your record. If it has been over 10 years since your sentence is finished, you may be able to seal the conviction, but NY does not expunge criminal records. Speak to a local attorney to see if you qualify for sealing if it has been 10 years.
I'm not sure what your question is. If you were convicted of a DWI, you should have had a lawyer representing you and advising you about the consequences of a guilty plea or conviction after trial. A criminal conviction goes on your record and stays on your record. If it has been over 10 years since your sentence is finished, you may be able to seal the conviction, but NY does not expunge criminal records. Speak to a local attorney to see if you qualify for sealing if it has been 10 years.
Q: I was arrested on December 8, 2018 for DUI. Will I be going to jail?
Kevin John Mawn's answer
The answer to your question, for the DUI, depends on the urinalysis. If you do not have controlled substances in your system, then the State of Florida has no chance of proving Driving Under the Influence. If you test positive for controlled substances, the prosecutors will still have a difficult time proving your poor driving was due to the consumption of the controlled substance. For example, marijuana can remain in your system for many days. That does not mean your normal faculties today...
The answer to your question, for the DUI, depends on the urinalysis. If you do not have controlled substances in your system, then the State of Florida has no chance of proving Driving Under the Influence. If you test positive for controlled substances, the prosecutors will still have a difficult time proving your poor driving was due to the consumption of the controlled substance. For example, marijuana can remain in your system for many days. That does not mean your normal faculties today...
Q: What about if someone has a dui and 2 vehicular assault charges all at once
2 Answers
| Asked
in
Criminal Law, DUI / DWI and Federal Crimes
for
Tennessee
on
Answered on Dec 9, 2018
Answered on Dec 9, 2018
Cayley Turrin's answer
Those are very serious charges. If they do not have an attorney then they will need to hire one immediately.
Those are very serious charges. If they do not have an attorney then they will need to hire one immediately.
Q: What happens when someone is caught drunk driving and his license was already suspended?
Brent T. Geers' answer
This is not an uncommon occurrence, unfortunately. The person would be charged criminally for the two separate crimes of drunk driving and DWLS.
This is not an uncommon occurrence, unfortunately. The person would be charged criminally for the two separate crimes of drunk driving and DWLS.
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