DUI / DWI Questions & Answers

Q: How many hours per year of pro bono work are attorney's supposed to do?

1 Answer | Asked in DUI / DWI, Employment Law, Estate Planning and Family Law for Virginia on
Answered on Apr 20, 2019
Paula Hough's answer
The Virginia State Bar Professional Guidelines Rule 6.1 states:

(a) A lawyer should render at least two percent per year of the lawyer’s professional time to pro bono publico legal services. Pro bono publico services include poverty law, civil rights law, public interest law, and volunteer activities designed to increase the availability of pro bono legal services.

Q: Does sentence imposed mean that the sentence my fi'ance and gave him time

1 Answer | Asked in DUI / DWI for Louisiana on
Answered on Apr 19, 2019
Ellen Cronin Badeaux's answer
Talk to his criminal attorney. Your question is unclear.

Q: I got my first dui and have my first court hearing in 2 days. Will my judge sentence me to jail if I just had back fused

1 Answer | Asked in DUI / DWI for Utah on
Answered on Apr 18, 2019
Mr Aric M Cramer Sr.'s answer
You need to get an attorney ASAP. Don' go to court on a DUI without one.

Q: I need a divorce lawyer but have no money How can I find one. I’m on disability with very limited income

1 Answer | Asked in Divorce and DUI / DWI for North Carolina on
Answered on Apr 14, 2019
Amanda Bowden Houser's answer
You can potentially do it yourself somewhat for free if you are indigent and your local court provides a divorce forms packet. It is extremely difficult and confusing for most people and most basically end up wasting their time and some money trying to do it themselves. We can provide personalized divorce forms that you pretty much just sign & submit for $95 but if you can scrape together $395 there is no question having us do things for you is best. Visit our site at: easyncdivorce.com to...

Q: please explain my rights in a dui checkpoint? Differentiate order & request. What am i required to do &what can I refuse

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
The police must follow a set procedure in order to eliminate targeting or cherry-picking. The stop must be for a reasonable and short period of time (time enough to check license and registration, for example). You may refuse to answer incriminating questions and are not required to consent to a search of your vehicle. The goal of these checkpoints is to develop reasonable suspicion or probable cause for further law enforcement activity. Just hand the cop your license and registration and...

Q: I need help on finding information about the case "mitchell vs wisconsin". Do you know anything?

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
Here is a link to information:

https://www.scotusblog.com/case-files/cases/mitchell-v-wisconsin/

Q: If charged with a DWI in Indiana, Do I need to find a DWI lawyer or request a public defender?

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
If you can afford private counsel, by all means seek out an experienced OWI lawyer. If you are indigent, ask the court to so determine, and appoint a public defender. Do not try to represent yourself.

Q: If charged with a first offense DWI in Indiana, Do I need a lawyer? What does ROR stand for on my court date paper?

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
You definitely need a lawyer if you are charged with an OWI. ROR stands for "Released Own Recognizance".

Q: I just got my first dwi bac .23. I see mandatory jail time is 10 days in Va. will they consider no jail?

2 Answers | Asked in DUI / DWI for Virginia on
Answered on Apr 9, 2019
Paula Hough's answer
By statute, the judge will be required to sentence you to 10 days of mandatory incarceration IF you are found guilty of DUI with that elevated blood alcohol content. You should contact an attorney right away (or ask for the Court to appoint you an attorney). There are many legal issues with DUI cases, which could lead to your jail time getting reduced or your charge being reduced/dismissed.

Q: Does defendant qualify for immunity under TN 63-1-156?

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Answered on Apr 9, 2019
Anthony Marvin Avery's answer
That medical care defense to a charge might work, and is definitely something that should be used at a Preliminary Hearing. If no Hearing was held and only Bound Over, then he missed his opportunity to raise the Defense. But it can be used again after Indictment, but possibly only at Trial. Habeas Corpus might get it going, but I doubt it will be a successful Constitutional challenge. Hire a competent attorney immediately.

Q: went to dmv to get my license was told i had to complete 18 month sb38 is there anyway around this in california

2 Answers | Asked in DUI / DWI for California on
Answered on Apr 9, 2019
Mr. Hudson Thomas Bair's answer
No, probably not, you can call Mandatory Actions, 1.916.657.6525 and ask directly but it's unlikely unless you live out of state.

Q: What are the penalties expected for a first offender of code 42-4-1301(1)(b) if blood alcohol content was 0.06

1 Answer | Asked in DUI / DWI for Colorado on
Answered on Apr 8, 2019
Courtney Edwards' answer
If you are convicted of or plead guilty to DWAI first, the possible penalties are 2 -180 days in jail, completion of an alcohol evaluation and any recommended treatment, a fine of $200 - $500, 24 hours of community service, and up to two years of supervised probation.

However, you should ask for a deferred judgment or some other type of plea because if you plead guilty to DWAI with a .06, it still counts as a "first offense" if you were to get a second one.

Q: Am I assigned a public defender when arrested?

2 Answers | Asked in DUI / DWI for Colorado on
Answered on Apr 8, 2019
Kristofher Beralo's answer
On your first appearance, the court will ask you whether or not you want to hire an attorney. If you cannot afford an attorney, the court will ask you to fill out a form so that a public defender could represent you.

Q: This is my first dui in PA cop said he has yet to se anyone go to jail over frist offense should i beleve him?

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Apr 8, 2019
Mr. Ryan L Hyde's answer
If he has truly never seen someone go to jail on a first offense DUI he is either very young or very inexperienced. I should suspect he was not being totally truthful with you. Most DUI's have mandatory jail associated with them. If this is your first run in with the law you should be eligible for the ARD program. While ARD is a good outcome it has many conditions that must be met. That's why you should always consult with an attorney before entering into the program.

As to your...

Q: I have a suspended California driver’s license, for my 2nd DUI.

2 Answers | Asked in DUI / DWI for California on
Answered on Apr 7, 2019
Dale S. Gribow's answer
More info is needed to properly evaluate your case. Was Texas arrest on Calif BW?

A BW is issued what a defendant does not do everything demanded by the court on their plea.

However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear. Which court is that?

In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.

Most criminal and...

Q: Can CO. Change the verdict of a judge to make a 1st. DUI into a 2nd. & then use a 25yr. old DUI out of CA. to make a 3rd

1 Answer | Asked in DUI / DWI for Colorado on
Answered on Apr 6, 2019
Mr. H. Michael Steinberg's answer
If the person convicted has ANY DUI convictions over their lifetime in any state - the judge is required under Colorado law to sentence that person under enhanced sentencing guidelines.

It is not a matter of choice for the judge - it is mandatory.

Q: My husband has 2 ky duis and 1 ohio all before 2012. He just received another. Would he be sentenced like a 4th?

1 Answer | Asked in DUI / DWI for Ohio on
Answered on Apr 6, 2019
Matthew Williams' answer
The look back period in Ohio is 10 years. So any convictions after March/April of 2009 would be counted. Also, that look back period is just for the enhanced penalties. The prosecutor and judge will definitely care about the history. He should get an attorney.

Q: Person received DUI in Mississippi....would this count as 4th if he had 3 other DUIs from Tennessee 20 & 25 years ago?

1 Answer | Asked in DUI / DWI for Tennessee on
Answered on Apr 6, 2019
Anthony Marvin Avery's answer
You have requested advice from the wrong venue. That is a Mississippi question although it is likely a Fourth Offense DUI would result in Tennessee. The Mississippi Prosecutor may have trouble obtaining certified copies of the three Tennessee DUI Judgment of Convictions. But it is probable that they will be able to count three prior offenses with that year spread. I would recommend exploring the possibility of pleading to a Second Offense DUI in Mississippi.

Q: I have a public defender for a DUI case I do not feel they are acting in my best interest can I get a postponement to c

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Apr 6, 2019
Mark Oakley's answer
If you can afford to retain a private lawyer, and make at least a substantial down payment on their fee, then the lawyer can request the postponement to allow more time to prepare the case. That will give you the time needed to pay the balance of the fee. You will need to call around to find a lawyer you are comfortable with and can afford.

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