Get free answers to your DUI / DWI legal questions from lawyers in your area.
Your current state is Virginia
1st DUI thrown out. 2nd DUI treated like a first, 3rd DUI will be treated like?
answered on Jan 2, 2025
For sentencing purposes, only prior DUI convictions count. Punishment for a second DUI conviction within 10 years of the first conviction can be anything from a minimum of 3 years on probation to jail time of 90 to 364 days, depending on the circumstances of the incident and the recency of the... View More 
1st DUI thrown out. 2nd DUI treated like a first, 3rd DUI will be treated like?
answered on Jan 7, 2025
In California, a second DUI conviction is subject to more severe penalties than a first DUI offense, in line with state laws aimed at deterring repeat drunk driving. Under California Vehicle Code (VC) Section 23152, penalties for a second DUI offense are more stringent, with increased fines, longer... View More
answered on Jan 1, 2025
If it was a misdemeanor, you are eligible to have it expunged a year after the dismissal or completion of a deferred sentence.
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answered on Dec 29, 2024
Your case should be scheduled for an arraignment, at which time the judge will set a trial date and either appoint a public defender to represent you or inform you of your right to hire a lawyer. Like many types of cases, DUI cases are very fact-specific and your culpability will depend on a few... View More
Two test said I failed I called Intoxalock and they said I was fine. But at my last calibration I got a lockout work order for inspection? I’m just scared and not to do that again. Please help.
answered on Dec 26, 2024
Probation would only be notified if you signed a release of information allowing Intoxalock to provide information to probation. You should make sure to read the entirety of the handbook that Intoxalock provides regarding what substances will cause a failure. It is unlikely that probation will... View More
I have been charged with a DUI, if I do not wave my right to a speedy trial does that mean the court has to receive my blood test results with in 90days to charge me
answered on Jan 7, 2025
This is a great question, and understanding California’s right to a speedy trial is key to forming a trial strategy. Here’s a breakdown of the relevant laws.
Speedy Trial Right in California:
Under both the U.S. Constitution (6th Amendment) and the California Constitution... View More
Refused a blood test during traffic stop got an automatic DUI for that then afterwards Pennsylvania passed a law making it legal to refuse a blood test after I already was found guilty with consequences being, i got my license suspended as well as being required to an breathalyzer having to be... View More
answered on Dec 10, 2024
Please note that this response is for informational purposes only and does not constitute legal advice.
In Pennsylvania, the ability to expunge a DUI conviction and void associated fines and costs is limited and depends on specific circumstances. Here's an overview of the law as I... View More
the state the probation and my lawyer all agreed on a second chance extend probation Ginsburg off my terms of probation and the judge said no to that and sentenced me to jail this is my first offense and I haven’t been in trouble the four yesrs following my arrest . When an mrt was issued I had... View More
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answered on Dec 3, 2024
It's hard to know your status right now. Meaning that I do not know if you are on probation right now or if you are concerned with a new charge.
If you are on probation, and need to detox, or other kind of help, your lawyer can make a motion to alter or change the details of your... View More
I recently found out from the police that I have a $5,000 warrant and need to resolve it at Glendale Court. Here's what happened:
- In March 2023, a detective from Glendale Police contacted me about an alleged violation of a temporary restraining order (TRO) due to an email I sent to... View More
answered on Dec 11, 2024
Most likely you have already dealt with this so my giving my two cents probably does not make a difference. Most of what you stated would be reasons to recall the warrant and get the case going. It really does not go to whether you can dismiss the case but when you go in or already did go in, the... View More
Probation being revoked states the case goes back to original sentencing. Even if I was on probation the court would be the one to order my license being held. I've talked to 2 supervisors at probation and they are holding my license and will not show proof of why after years this is being... View More
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answered on Nov 16, 2024
Your lawyer should write a letter to the judge and ask him/her to order probation to return your license. You may also be able to clear your license with the DMV and simply get a new license from them if your statutory revocation period has ended and you are no longer on probation supervision.
Probation being revoked states the case goes back to original sentencing. Even if I was on probation the court would be the one to order my license being held. I've talked to 2 supervisors at probation and they are holding my license and will not show proof of why after years this is being... View More
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answered on Nov 29, 2024
I'm sorry to hear about the difficulties you're experiencing with your driver's license and probation status. Navigating these issues can be frustrating, and I hope the following information clarifies your situation.
Disclaimer: This response is for general informational... View More
Vehical was parked on private property not pulled over by law enforcement
answered on Nov 8, 2024
Yes, it is possible for charges to be added to a citation or ticket after it was issued. The fact that the vehicle was parked on private property does not necessarily prevent additional charges from being added. When a cop issues a ticket or citation, it is typically sent to the local prosecuting... View More
I lived in Arizona before I had gotten the DUI in Michigan and I believe the license in Arizona is still valid
answered on Oct 30, 2024
Best way to confirm whether or not Arizona Department of Transportation knows about your Michigan DUI is to call them and ask. You can also easily check the status of your Arizona driver license/driving privilege at AZMVDNOW.gov.
The DUI may not follow you in the sense of having license... View More
Is it mandatory to have an interlock when I get reinstated although my year suspension is completed
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answered on Oct 29, 2024
Not eligible for DL until all requirements of DUI Sentence and DOS requirements are met. Call DOS and ask what is needed. Blowmeter is for that type of license, so you might get out of it with a reinstatement after Sentence completed. SR22 Insurance should still be a requirement. DOS... View More
If yes, do they need a warrant from a judge? And if you refuse, are there any penalties? I am interested in knowing what the law says in Texas, but I am curious about the laws in other states as well.
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answered on Oct 28, 2024
This is a great question. The DRE evaluation just like the Standardized Field Sobriety Tests is voluntary. You agree to allow them to perform the evaluation. This evaluation must be done down at the station and the first step in the 12 step process is getting a sample of your breath - to rule out... View More
answered on Oct 18, 2024
Absolutely. It won't prevent you from receiving a citation or from being arrested for a serious violation like DWI. But you can certainly say it if you like.
Whether you say it or not, the principle of corpus delicti applies, and the State must present sufficient evidence to prove... View More
answered on Oct 9, 2024
That would depend upon things not stated in the question. For example, if the judge's Pretrial Release Order provides for Conditional Release, and one of the conditions is "no use of alcohol or non-prescribed drugs" or similar, then smoking cannabis would violate that condition.... View More
No Criminal History and Driving Record is pretty spotless. Should i just plead guilty since i blew and was well over? And is it possible that doing so will help possibly get me a lighter sentance, like maybe no jail time and just a fine with the mandatory IID, suspensions, and all the other things... View More
answered on Oct 7, 2024
Retaining an experience criminal defense attorney is a good way to make sure that your rights are upheld, the State has evidence to prove their case, and protect you as the matter proceeds through the legal system. DUI in SC is a nuanced law that has many different issues. The law has also changed... View More
No Criminal History and Driving Record is pretty spotless. Should i just plead guilty since i blew and was well over? And is it possible that doing so will help possibly get me a lighter sentance, like maybe no jail time and just a fine with the mandatory IID, suspensions, and all the other things... View More
answered on Oct 7, 2024
We never recommend someone just plead guilty to a DUI or DUAC. While every case is different, there are oftentimes defenses that will allow lawyers to negotiate something less severe than DUI. It is certainly worth a consultation with an experienced DUI defense attorney.
I got 3 dwi in less than one year. I have not been convicted on any. I had gone to court before getting my third one & had been admonished by the judge. I have court again next week. How much jail time am I looking at ?
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answered on Oct 2, 2024
If I understand your question correctly - and assuming these are the only charges you have on your record - the maximum jail time you could receive is up to 180 days in jail and up to a $2000 fine. But those are the maximum punishments - not what's likely to happen. It's fortunate that... View More
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