DUI / DWI Questions & Answers by State
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DUI / DWI Questions & Answers
Q: If an officer wants me to take a field sobriety test, can I insist on having my lawyer present?
Jason Powers' answer
You can try and request this but the officer is under no obligation to do it. Most likely, you will be told that is not mandatory and you can either do the tests now or it will be taken as a refusal. That refusal, of course, can later be used against you at trial as proof that you thought you were unable to complete them due to intoxication.
You can try and request this but the officer is under no obligation to do it. Most likely, you will be told that is not mandatory and you can either do the tests now or it will be taken as a refusal. That refusal, of course, can later be used against you at trial as proof that you thought you were unable to complete them due to intoxication.
Q: in the state of Washington can a field sobriety test be refused
Jason Powers' answer
Yes. The Field Sobriety Tests (FSTs) are voluntary. The prosecution can, however, argue that the fact the FST was refused is due to the fact the driver did not want to take them because they would fail. This is called "concsciousness of guilt." Since the FSTs are difficult to complete on a normal day in good conditions let alone after being ordered out of your car and at night as is the case in a normal setting, a typical driver is damned if they do perform or if they choose not to do so.
Yes. The Field Sobriety Tests (FSTs) are voluntary. The prosecution can, however, argue that the fact the FST was refused is due to the fact the driver did not want to take them because they would fail. This is called "concsciousness of guilt." Since the FSTs are difficult to complete on a normal day in good conditions let alone after being ordered out of your car and at night as is the case in a normal setting, a typical driver is damned if they do perform or if they choose not to do so.
Q: What does a DUI lawyer charge ?
Andrew Bennett's answer
It depends on the circumstances of the case and the level of the offense and any prior history. You can expect $1000 - $2500 for a first offense depending on the skill and knowledge of the attorney you hire.
It depends on the circumstances of the case and the level of the offense and any prior history. You can expect $1000 - $2500 for a first offense depending on the skill and knowledge of the attorney you hire.
Q: I had a DUI 23 years ago and just got a OVI. Will I spend three days in jail or can I opt to do the three day alcohol
R. Scott Patterson's answer
You can do the DIP school in lieu of three days of jail, the judge can sentence you to up to 180 days of total jail time.. If you had a high test, your jail time would be a minimum of six days, or three in jail and three in the DIP. Again,there is no guarantee of receiving a minimum sentence.
You can do the DIP school in lieu of three days of jail, the judge can sentence you to up to 180 days of total jail time.. If you had a high test, your jail time would be a minimum of six days, or three in jail and three in the DIP. Again,there is no guarantee of receiving a minimum sentence.
Q: What can I do when a clerk forgets to close a case that was supposed to be dismissed as part of a plea deal?
Benson Varghese's answer
The attorney who handled the plea for you should be able to speak to the clerk and get that resolved relatively easily, if that was the agreement that was made.
The attorney who handled the plea for you should be able to speak to the clerk and get that resolved relatively easily, if that was the agreement that was made.
Q: After being bond out from a speeding over 15mph and first dwi charge arrests will the judge put me in jail again?
Adam Joseph Childers' answer
A first time DWI offense is going to carry possible jail time and substantial fines. There are number of factors to consider in this case such as possible plea agreements with the prosecution or taking the case to trial. Unlike a DWI 2nd Offense, which carries a mandatory 7 day jail sentence, a DWI 1st Offense does not carry mandatory jail time. In most cases, jail time could be avoided.
A first time DWI offense is going to carry possible jail time and substantial fines. There are number of factors to consider in this case such as possible plea agreements with the prosecution or taking the case to trial. Unlike a DWI 2nd Offense, which carries a mandatory 7 day jail sentence, a DWI 1st Offense does not carry mandatory jail time. In most cases, jail time could be avoided.
Q: Am I required to have DUI plates on my vehicle even though I was not with during the incident
Joseph A. Gangi's answer
"The order must require the impoundment of the registration plates of the motor vehicle involved in the plate impoundment violation and all motor vehicles owned by, registered, or leased in the name of the violator, including motor vehicles registered jointly or leased in the name of the violator and another."
"The order must require the impoundment of the registration plates of the motor vehicle involved in the plate impoundment violation and all motor vehicles owned by, registered, or leased in the name of the violator, including motor vehicles registered jointly or leased in the name of the violator and another."
Q: How can a person be charged DUI twice in the same traffic stop
Robbie Levin's answer
The person was likely charged with alternative counts. One count being per se(.08 or higher), and the other count being the Less Safe Driver.
For more information, visit my website at www.LevinLawyerGa.com.
The person was likely charged with alternative counts. One count being per se(.08 or higher), and the other count being the Less Safe Driver.
For more information, visit my website at www.LevinLawyerGa.com.
Q: Do I need representation for a DL reinstatement?
Nrupa Patel's answer
it's completely up to you, but a good attorney can help you with paperwork and would know what exactly you would need for an administrative hearing and put on a good case for you
it's completely up to you, but a good attorney can help you with paperwork and would know what exactly you would need for an administrative hearing and put on a good case for you
Q: My husband was arrested for dui and blood test showed negative for alcohol. 892 ng/ml diazepam - prescribed
James R. Owen's answer
Tennessee does not set a legal limit for prescription drugs or marijuana. Your husband needs to consult with an experienced DUI lawyer so that he can better understand his case and his options.
Tennessee does not set a legal limit for prescription drugs or marijuana. Your husband needs to consult with an experienced DUI lawyer so that he can better understand his case and his options.
Q: I live in Georgia. Had a dui case in California 2007. Backgroung goes back 7years will it show up in 2017 from 2010.
William Head's answer
Depending on the database access of the search company, possibly so. On their website, Georgia DDS only reports Georgia drivers' license records for 7 years, but keeps up with your LIFETIME offenses.
Plus, no matter what types of STATE record restrictions put in place (also called expunction or expungement), the federal authorities have ANY arrest involving fingerprints and a mug shot.
Depending on the database access of the search company, possibly so. On their website, Georgia DDS only reports Georgia drivers' license records for 7 years, but keeps up with your LIFETIME offenses.
Plus, no matter what types of STATE record restrictions put in place (also called expunction or expungement), the federal authorities have ANY arrest involving fingerprints and a mug shot.
Q: Is it possible to refuse a breathalyzer test?
Roland Bakhache Perez's answer
Yes you can do a blood test if you wish, but they will probably make an arrest and take you to station to do the tests at the station. You can refuse all tests but then you will be charged with a Refussal, then they can still do a forced Blood Draw with a warrant.
Did this happen to you. if so an attorney can help you with these legal issues/ rights.
Yes you can do a blood test if you wish, but they will probably make an arrest and take you to station to do the tests at the station. You can refuse all tests but then you will be charged with a Refussal, then they can still do a forced Blood Draw with a warrant.
Did this happen to you. if so an attorney can help you with these legal issues/ rights.
Q: If I get convicted of drunk driving, how soon can I get my drivers license back?
Juan Ooink's answer
Typically you can request full reinstatement after 1 year. You can request a Restricted Driver's Permit once you have completed all of your counseling. You will want an experience attorney to assist you in getting your driving privileges back.
Typically you can request full reinstatement after 1 year. You can request a Restricted Driver's Permit once you have completed all of your counseling. You will want an experience attorney to assist you in getting your driving privileges back.
Q: Can you request a court date in another city? If so how?
Deborah Ann Bankhead's answer
Depending upon your bond restrictions, you can move. Unfortunately, it is highly unlikely your case will be transferred while pending. While it is possible to have a probation sentence transferred to your home jurisdiction, the case will be prosecuted where it originated.
Depending upon your bond restrictions, you can move. Unfortunately, it is highly unlikely your case will be transferred while pending. While it is possible to have a probation sentence transferred to your home jurisdiction, the case will be prosecuted where it originated.
Q: Can I get a felony DWI charge reduced to a misdemeanor after I've completed my terms an conditions.
Deborah Ann Bankhead's answer
Unfortunately, no. As DWIs are currently only eligible for straight probation and your probation was the result of a guilty plea and finding of guilt, the case will remain as currently charged.
Unfortunately, no. As DWIs are currently only eligible for straight probation and your probation was the result of a guilty plea and finding of guilt, the case will remain as currently charged.
Q: Is there a limit on how long I must report a DWI arrest to potential employers? (I/e to be a public school teacher)
Deborah Ann Bankhead's answer
While employer guidelines may vary, the licensing board has specific requirements for reporting. You will want to have your specific guidelines analyzed by an attorney to ensure compliance. While arrests can be expunged if a case never follows and the statute of limitations has passed, most DWI arrests result in a conviction. Criminal convictions are a part of public record and cannot be expunged or non-disclosed. Hope this helps!
While employer guidelines may vary, the licensing board has specific requirements for reporting. You will want to have your specific guidelines analyzed by an attorney to ensure compliance. While arrests can be expunged if a case never follows and the statute of limitations has passed, most DWI arrests result in a conviction. Criminal convictions are a part of public record and cannot be expunged or non-disclosed. Hope this helps!
Q: My bf got his 7th DWI in TX.Any chance he will get probation with a good lawyer or how much jail time?
Deborah Ann Bankhead's answer
A 7th DWI is well within the guidelines for Felony prosecution. If he has a prior felony, he is not eligible for probation from the Judge or Jury. However, some counties have diversion programs for repeat DWI offenders who are high risk. Some of his programs grant probation where a defendant would otherwise not be eligible. Certainly worth seeking the advice of a local attorney to pursue these as an option.
A 7th DWI is well within the guidelines for Felony prosecution. If he has a prior felony, he is not eligible for probation from the Judge or Jury. However, some counties have diversion programs for repeat DWI offenders who are high risk. Some of his programs grant probation where a defendant would otherwise not be eligible. Certainly worth seeking the advice of a local attorney to pursue these as an option.
Q: I was convicted of my 2nd DWI in Texas Sept. 2015. How do I get my license reinstated?
Deborah Ann Bankhead's answer
When you take jail time for a DWI-REP case, there should be a license suspension. Even if the Judge does not place it on your Judgement and Sentence, DPS can. Depending upon when your last DWI was, this could also be a "hard suspension" meaning you cannot obtain an Occupational License. Regardless, Interlock is required. You will either need a restricted license with Interlock requirement provided, or an order from a Judge saying Interlock is not required. Contact a local DWI attorney for...
When you take jail time for a DWI-REP case, there should be a license suspension. Even if the Judge does not place it on your Judgement and Sentence, DPS can. Depending upon when your last DWI was, this could also be a "hard suspension" meaning you cannot obtain an Occupational License. Regardless, Interlock is required. You will either need a restricted license with Interlock requirement provided, or an order from a Judge saying Interlock is not required. Contact a local DWI attorney for...
Q: My cousin is in jail for dui, and ice detainee. He has been there 69 days. Is there anything that can be done.
Deborah Ann Bankhead's answer
In Texas, a DUI is a Class C ticket for persons under the age of 21 who are alleged to be driving with any detectable amount of alcohol in their system. It is much more likely, your cousin has been arrested for a DWI which is a Class B or Class A Misdemeanor, depending upon the Blood/Breath Alcohol Concentration. Once a ICE detainer has been placed, making the criminal case bond will not secure your cousin's release. You will need to speak with an immigration attorney about an ICE bond,...
In Texas, a DUI is a Class C ticket for persons under the age of 21 who are alleged to be driving with any detectable amount of alcohol in their system. It is much more likely, your cousin has been arrested for a DWI which is a Class B or Class A Misdemeanor, depending upon the Blood/Breath Alcohol Concentration. Once a ICE detainer has been placed, making the criminal case bond will not secure your cousin's release. You will need to speak with an immigration attorney about an ICE bond,...
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