DUI / DWI Questions & Answers by State
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DUI / DWI Questions & Answers
Q: I was convicted of two DUIs. They are counting my Ard as 3. Can I do anything about it?
Cary B. Hall's answer
No, unfortunately not -- unless you can convince the DA not to "count" it, for some reason. Have your attorney give it a shot, although it would admittedly be a hail-mary long shot!
No, unfortunately not -- unless you can convince the DA not to "count" it, for some reason. Have your attorney give it a shot, although it would admittedly be a hail-mary long shot!
Q: I am facing a dwi in ny. Montgomery county. I was in the process of moving to georgia. Will i be extradited back to ny
Samuel C. Breslin's answer
You likely will not be extradited, however there will be a warrant issued, and if you’re stopped by police in any other state you could be arrested and held. If you don’t resolve the DWI, it is going to follow you around and create more problems than it’s worth. I recommend handling it sooner rather than later.
You likely will not be extradited, however there will be a warrant issued, and if you’re stopped by police in any other state you could be arrested and held. If you don’t resolve the DWI, it is going to follow you around and create more problems than it’s worth. I recommend handling it sooner rather than later.
Q: Can police take away my license for a DUI or do they have to get a judge in court to do it?
Timothy Denison's answer
You are entitled to keep your license until the judge asks for it in court.
You are entitled to keep your license until the judge asks for it in court.
Q: first time DUI in FL. Went through the hardship process, drive now. Will I lose that for 12 months. Plus medical cause
Kevin John Mawn's answer
If you have taken the breath test, you will lose your license for 6 months if it is s first offense. However, you are eligible for a business purpose only license once you sign up for DUI level one. If this is a second offense, you may wish to consult with the bureau of administrative review to determine eligibility. DUIs from other states may factor into license eligibility.
If you have taken the breath test, you will lose your license for 6 months if it is s first offense. However, you are eligible for a business purpose only license once you sign up for DUI level one. If this is a second offense, you may wish to consult with the bureau of administrative review to determine eligibility. DUIs from other states may factor into license eligibility.
Q: RECEIVED dui 2 IN 2011 WAS IN MILITARY, GOT RESTATIONED , WHAT IS STATUE OF LIMITATIONS ON THIS FOR NC?
Amanda Bowden Houser's answer
If by 'received' you mean you were charged, then there is no statute of limitations. If you have not or do not take care of the charge eventually you are likely to be arrested - and usually at the worst possible time.
If by 'received' you mean you were charged, then there is no statute of limitations. If you have not or do not take care of the charge eventually you are likely to be arrested - and usually at the worst possible time.
Q: Am I required to submit to roadside tests if I'm pulled over on suspicion of drunk driving?
Kevin M Rogers' answer
If you mean the roadside walk & turn, HGN and 1-leg stand? No absolutely you are NOT required to take those tests and I do not recommend cooperation of any kind.
If you mean the roadside walk & turn, HGN and 1-leg stand? No absolutely you are NOT required to take those tests and I do not recommend cooperation of any kind.
Q: Tax-wise, is there a way to write off the cost of mandated drug/alcohol testing and/or fines and fees paid to the court?
Brent T. Geers' answer
You'll need to consult with a tax attorney or other tax professional, particularly about whether mileage is deductible. It will all obviously depend on your overall tax situation; with the raised standard deduction starting with this tax year, a lot of people who used to itemize may no longer be able to do so, which would make your question a moot point if you are one of those people.
Very generally, I am unaware of allowable deductions for fines, fees, or costs related to criminal...
You'll need to consult with a tax attorney or other tax professional, particularly about whether mileage is deductible. It will all obviously depend on your overall tax situation; with the raised standard deduction starting with this tax year, a lot of people who used to itemize may no longer be able to do so, which would make your question a moot point if you are one of those people.
Very generally, I am unaware of allowable deductions for fines, fees, or costs related to criminal...
Q: Can a criminal restitution be turned into a civil judgement?
Cary B. Hall's answer
No, but I'm sure he would. Having the restitution as part of his criminal parole/probation is certainly effective, isn't it? It makes failure to pay it a violation of your probation, so it will be paid or he'll be re-sentenced (and probably to jail). Unfortunately for your friend, it's the only game in town for him, so he'll have to pay it . . . and to do whatever it takes to do so.
No, but I'm sure he would. Having the restitution as part of his criminal parole/probation is certainly effective, isn't it? It makes failure to pay it a violation of your probation, so it will be paid or he'll be re-sentenced (and probably to jail). Unfortunately for your friend, it's the only game in town for him, so he'll have to pay it . . . and to do whatever it takes to do so.
Q: I had my licensees suspended for a month after a hearing. Not due to dui or die which I’ve never had but a few
1 Answer
| Asked
in
DUI / DWI and Gov & Administrative Law
for
California
on
Answered on Oct 8, 2018
Answered on Oct 8, 2018
Mr. Hudson Thomas Bair's answer
I'm not sure what you are asking but if you are questioning the legitimacy of the DMV procedures because the hearing officer is both the prosecutor and the fact finder, that has been litigated and upheld. You should ask your lawyer what appellate steps can be taken following an adverse DMV decision.
I'm not sure what you are asking but if you are questioning the legitimacy of the DMV procedures because the hearing officer is both the prosecutor and the fact finder, that has been litigated and upheld. You should ask your lawyer what appellate steps can be taken following an adverse DMV decision.
Q: If I was in a car accident (dui) and dealt damage to a building can I still he charged although it was unintentional
Peter Munsing's answer
The DUI or the damage? Either way it's a yes, inasmuch as you knowingly consumed alcohol, and you thus carelessly did damage a structure.
The DUI or the damage? Either way it's a yes, inasmuch as you knowingly consumed alcohol, and you thus carelessly did damage a structure.
Q: In Virginia in 2018 are you allowed to refuse a blood test?
Stephen Patrick Pfeiffer's answer
You can refuse but you will most likely be charged with refusal and risk having a one year civil license suspension.
You can refuse but you will most likely be charged with refusal and risk having a one year civil license suspension.
Q: I was refused entry to attend a V.I.P for a DWAI due to intoxication. I am to be re sentenced, Will it be a DWI again?
Michael Arbeit's answer
If you were already sentenced on the DWAI, that can not be vacated by the court. You could however be sentenced up to 15 days in jail because of an alleged violation of your conditional discharge. What county is this case in? Consider hiring a lawyer to try and keep you out of jail.
If you were already sentenced on the DWAI, that can not be vacated by the court. You could however be sentenced up to 15 days in jail because of an alleged violation of your conditional discharge. What county is this case in? Consider hiring a lawyer to try and keep you out of jail.
Q: If I get charged with a DUI, will my license be suspended immediately or only after a conviction?
Amanda Bowden Houser's answer
In North Carolina it is DWI. Your license to drive or at least your privilege to drive in North Carolina (if you are licensed out of state) will be suspended at the time you are charged - generally speaking for 30 days. This is called a civil revocation. If you are processed properly, you will receive written notice of that fact. If eligible, you can apply for a limited driving privilege after 10 days to carry you through the remaining 20 days of the initial civil revocation suspension or...
In North Carolina it is DWI. Your license to drive or at least your privilege to drive in North Carolina (if you are licensed out of state) will be suspended at the time you are charged - generally speaking for 30 days. This is called a civil revocation. If you are processed properly, you will receive written notice of that fact. If eligible, you can apply for a limited driving privilege after 10 days to carry you through the remaining 20 days of the initial civil revocation suspension or...
Q: Can you go to jail for getting a first-time offender DUI?
H. Scott Aalsberg Esq.'s answer
Yes it is possible for a first-time offender to go to jail however generally you need some exceptional circumstances such as a high reading or accident. The best way to assure that you will avoid jail is by hiring the best lawyer you can afford.
Yes it is possible for a first-time offender to go to jail however generally you need some exceptional circumstances such as a high reading or accident. The best way to assure that you will avoid jail is by hiring the best lawyer you can afford.
Q: Being charged W/negligent homicide & DWI. State police report says .19 BAC and local police say .09 BAC only 1 test?????
2 Answers
| Asked
in
Car Accidents, Criminal Law, DUI / DWI and Wrongful Death
for
Arkansas
on
Answered on Oct 5, 2018
Answered on Oct 5, 2018
James E Hensley Jr's answer
Get a lawyer right away. Probably don’t need to be putting a lot of info on the web.
Get a lawyer right away. Probably don’t need to be putting a lot of info on the web.
Q: Can you get a DUI for inhaling dust off inhalant in a parked car not running but while sitting in the driver's seat?
H. Scott Aalsberg Esq.'s answer
You can get a DWI but the question is can they prove intent to operate the vehicle.
You can get a DWI but the question is can they prove intent to operate the vehicle.
Q: Should the place that your arrested match where it says on the citation where they arrested you ?
Mr Aric M Cramer Sr.'s answer
It should, but it will not be enough to dismiss the case. Check with an attorney. There may be venue or jurisdictional issues to explore.
It should, but it will not be enough to dismiss the case. Check with an attorney. There may be venue or jurisdictional issues to explore.
Q: I have two DUI's misdemeanor bench warrants issued. Can I fly domestically and or internationally; not being stop
Mr. Hudson Thomas Bair's answer
You can be picked up, "stopped" anywhere in the US, the airport included. You will also have to "clear" customs if you return from an international trip. The clearance process will likely show the arrest warrants, what happens at that point is up to the authorities at the airport. My unsolicited suggestion is that you get them taken care of before embarking on any trip within the US or outside of it.
You can be picked up, "stopped" anywhere in the US, the airport included. You will also have to "clear" customs if you return from an international trip. The clearance process will likely show the arrest warrants, what happens at that point is up to the authorities at the airport. My unsolicited suggestion is that you get them taken care of before embarking on any trip within the US or outside of it.
Q: super extreme DUI - Am I really going to be serving 45 days for this? I'm a college student and have a job
Zachary Divelbiss' answer
This is a really good question to speak in confidence with a lawyer about. As a lawyer, we have to advise you that you could possibly face the maximum sentence but there are always different things we can do to get the sentence reduced. A lawyer will also be able to tell you how good your case is after speaking with you. The fact that you have a prior Disorderly Conduct might make it worse but it will not likely be an issue. The main prior to work about are DUI's. Either way, a Super Extreme...
This is a really good question to speak in confidence with a lawyer about. As a lawyer, we have to advise you that you could possibly face the maximum sentence but there are always different things we can do to get the sentence reduced. A lawyer will also be able to tell you how good your case is after speaking with you. The fact that you have a prior Disorderly Conduct might make it worse but it will not likely be an issue. The main prior to work about are DUI's. Either way, a Super Extreme...
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