DUI / DWI Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
DUI / DWI Questions & Answers
Q: i got a DUI driving with suspended lisence possion and tampering with evidence this was in Doyle's town
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...
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?
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.
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: 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.
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...
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
Stephen Patrick Pfeiffer's answer
If you are not getting the level of representation you want you should consider hiring private counsel.
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?
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.
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: Criminal case file
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.
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?
H. Scott Aalsberg Esq.'s answer
Almost any check can find any public record and sometimes even indexed on google for everyone to see.
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
Answered on Aug 7, 2018
Q: I received a 3 day suspension of my license while in Canada after a breathalyzer. How will this affect my NYS DL?
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.
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?
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...
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?
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...
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
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.
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?
H. Scott Aalsberg Esq.'s answer
Yes you are certainly liable for allowing a driver to drive while intoxicated your car.
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
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...
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?
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
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
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/
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?
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.
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.
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.
