DUI / DWI Questions & Answers by State
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DUI / DWI Questions & Answers
Q: My boyfriend got charged with a DUI and they let him keep his DL and he didn't need to pay to get out of jail?
Juan Ooink's answer
I do not see a question here. Your boy friend should hire an experienced criminal defense attorney right away to start working on his DUI.
I do not see a question here. Your boy friend should hire an experienced criminal defense attorney right away to start working on his DUI.
Q: what are the possible punishments for him ?
1 Answer
| Asked
in
DUI / DWI, Traffic Tickets, Child Custody and Juvenile Law
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Illinois
on
Answered on Sep 15, 2017
Answered on Sep 15, 2017
Ray Choudhry's answer
There are a lot of different charges possible.
So, hard to tell how it will go.
There are a lot of different charges possible.
So, hard to tell how it will go.
Q: husband convicted of 3rd dui 11 yrs apart
Michael Hajarizadeh's answer
Good Morning,
I do not have all the facts so my statements may not be entirely accurate to your situation.
Based on your explanation I am not sure what exactly you would want overturned, the fact that it was your husband's third duii, or the conviction. The fact that the court indicates it was his third DUII may not have actually played into the sentencing process. As you state the previous DUIIs were 11 years ago, they likely did not play into the sentencing if the court...
Good Morning,
I do not have all the facts so my statements may not be entirely accurate to your situation.
Based on your explanation I am not sure what exactly you would want overturned, the fact that it was your husband's third duii, or the conviction. The fact that the court indicates it was his third DUII may not have actually played into the sentencing process. As you state the previous DUIIs were 11 years ago, they likely did not play into the sentencing if the court...
Q: What happens immediately after you get arrested for drunk driving?
Matthew Williams' answer
Typically, they take you to jail to complete a booking process, and try to get you to take the breathalyzer test at the station.
Typically, they take you to jail to complete a booking process, and try to get you to take the breathalyzer test at the station.
Q: Are the police allowed to confiscate my drivers license if i'm arrested for driving under the influence?
Juan Ooink's answer
They did not confiscate your license. The took it as part of your bond. Instead of worrying about your license being taken from you, you should be concerned about the DUI charges you are facing. You need to hire an experienced criminal defense attorney right away.
They did not confiscate your license. The took it as part of your bond. Instead of worrying about your license being taken from you, you should be concerned about the DUI charges you are facing. You need to hire an experienced criminal defense attorney right away.
Q: At the time of my arrest, the officer said I had to contact the DMV within 10 days. Why?
Alexander Bakhache Perez's answer
To request a DMV hearing timely so you can continue to drive while your DMV hearing is being set to be heard. If you hire a DUI attorney they will do the DMV hearing for you as well.
To request a DMV hearing timely so you can continue to drive while your DMV hearing is being set to be heard. If you hire a DUI attorney they will do the DMV hearing for you as well.
Q: Would I possibly be able to get my DUI charge overturned if I was over the legal BAC limit but believe I was pulled over
H. Scott Aalsberg Esq.'s answer
Depending on the reason that could be a possible defense. Speak to your lawyer about this and if you don't have a lawyer get one.
Depending on the reason that could be a possible defense. Speak to your lawyer about this and if you don't have a lawyer get one.
Q: Can I still get a DUI if my BAC is under the legal limit?
Paul Stanko's answer
Yes. Operating while intoxicated does not depend upon a specific alcohol concentration.
Yes. Operating while intoxicated does not depend upon a specific alcohol concentration.
Q: What happens if I get a DUI in FL while I'm there on vacation? I live across the country in California.
Jonathan Blecher's answer
There are a lot of things happening here. First, you have driver license issues with the FL-DHSMV and you you have the criminal case in court. If you simply don't appear, the court will issue a warrant for your arrest.
Since there's so much information you need to have, I strongly suggest that you contact an attorney in the city where your arrest occurred.
There are a lot of things happening here. First, you have driver license issues with the FL-DHSMV and you you have the criminal case in court. If you simply don't appear, the court will issue a warrant for your arrest.
Since there's so much information you need to have, I strongly suggest that you contact an attorney in the city where your arrest occurred.
Q: My ex-partner just got a 2nd DUI. His 1st was dismissed b/c he completed an AEP in June.Will that factor in the new one?
William Head's answer
Yes. The new one will be treated as a second DUI
CALL a local DUI specialist, in or near that city or county court.
Yes. The new one will be treated as a second DUI
CALL a local DUI specialist, in or near that city or county court.
Q: Can I refuse a breathalyzer test if I'm pulled over on suspicion of DUI?
Douglas T. Kans' answer
In Minnesota, it is still currently a crime of Gross Misdemeanor Refusal, if you refuse to submit to an evidentiary breath test (Datamaster DMT) at the police station.
In Minnesota, it is still currently a crime of Gross Misdemeanor Refusal, if you refuse to submit to an evidentiary breath test (Datamaster DMT) at the police station.
Q: If I get pulled over for drunk driving, can I refuse to answer the cop's questions until my attorney shows up?
Louis George Fazzi's answer
No. But you could try it. Silence will be construed to be knowledge of guilt. Part of the assessment of your ability to safely operate a motor vehicle is your ability to answer reasonable questions of the officer.
No. But you could try it. Silence will be construed to be knowledge of guilt. Part of the assessment of your ability to safely operate a motor vehicle is your ability to answer reasonable questions of the officer.
Q: Can I refuse a breathalyzer test if I'm pulled over on suspicion of DUI?
Jason Powers' answer
Yes, you can but you may be punished more for it. In Washington, if you refuse your breath test the state will try and inflict harsher penalties on you than if you blew. For instance: if this is your first offense, the penalties double the jail time from at least one day to two if refuse. Also, the fines increase and you could lose your license for 2 years, rather than 90 days or a year if you provided a breath sample. Also, the Department of Licensing will try and suspend your license for...
Yes, you can but you may be punished more for it. In Washington, if you refuse your breath test the state will try and inflict harsher penalties on you than if you blew. For instance: if this is your first offense, the penalties double the jail time from at least one day to two if refuse. Also, the fines increase and you could lose your license for 2 years, rather than 90 days or a year if you provided a breath sample. Also, the Department of Licensing will try and suspend your license for...
Q: Do I have to keep the interlock on my car even if the DPS suspended my license after everything was finalized in court?
Herman Martinez's answer
That depends on several factors that are not mentioned here. For example, did you receive probation, was your bac over .15, is your first DWI, was your license suspension? Also, I would be curious if your lawyer discussed the upcoming change in the law where you would be able to clear your record in certain DWI cases. You really should discuss this with the lawyer that represented you in court.
Good luck!
That depends on several factors that are not mentioned here. For example, did you receive probation, was your bac over .15, is your first DWI, was your license suspension? Also, I would be curious if your lawyer discussed the upcoming change in the law where you would be able to clear your record in certain DWI cases. You really should discuss this with the lawyer that represented you in court.
Good luck!
Q: Can I apply my incarceration time to my fines?
Mr. Ryan L Hyde's answer
Usually that is not possible. The state views them as seoarate punishments. Making the switch from a fine to more jail would amount to a debtors prison. If some of those fines are cost tou could ask your attorney to apply to have them forgiven. The general rule, however, especially dealing with the state oarole board, is that they wont trade one for the other.
Plus, how many more days than two years would you want to do??
Usually that is not possible. The state views them as seoarate punishments. Making the switch from a fine to more jail would amount to a debtors prison. If some of those fines are cost tou could ask your attorney to apply to have them forgiven. The general rule, however, especially dealing with the state oarole board, is that they wont trade one for the other.
Plus, how many more days than two years would you want to do??
Q: My niece's boyfriend was killed in a head on collision accident about three weeks ago.
Roy Lee Warren's answer
I am very sorry for your loss. Sometimes it takes a while for the State to obtain all the forensic information it needs to make sure charges are properly brought. Also generally the State is reluctant to comment on an ongoing investigation. She should check with the county's victim advocate group and see if she qualifies for payment from "The Crime Victims Reparations Fund". Good luck to your family.
I am very sorry for your loss. Sometimes it takes a while for the State to obtain all the forensic information it needs to make sure charges are properly brought. Also generally the State is reluctant to comment on an ongoing investigation. She should check with the county's victim advocate group and see if she qualifies for payment from "The Crime Victims Reparations Fund". Good luck to your family.
Q: Does New Jersey have implied consent laws when it comes to drunk driving?
William Head's answer
Yes, all states do. Here is some info:
Implied Consent. ... New Jersey's “implied consent” law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving while intoxicated, then you consent to taking a chemical test of your breath for the purpose of determining your blood alcohol content (BAC).
https://www.newjerseydwiattorneyblog.com/2011/04/implied-consent-warnings-in-ne.html
Yes, all states do. Here is some info:
Implied Consent. ... New Jersey's “implied consent” law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving while intoxicated, then you consent to taking a chemical test of your breath for the purpose of determining your blood alcohol content (BAC).
https://www.newjerseydwiattorneyblog.com/2011/04/implied-consent-warnings-in-ne.html
Q: What is the difference between DUI and DWI?
William Head's answer
Different states use different acronyms. No difference, in reality.
Drunk driving, it drugged driving, or impaired by both.
Different states use different acronyms. No difference, in reality.
Drunk driving, it drugged driving, or impaired by both.
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