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DUI / DWI Questions & Answers
3 Answers | Asked in DUI / DWI, Criminal Law and Employment Law for Illinois on
Q: How to proceed legally after driving with a suspended license and DUI accusations without being pulled over?

I was pulled over for a DUI in January and my license was suspended, resulting in 6 months probation. Recently, I picked up my kids from their dad, who informed them I had a suspended license. The police later called and asked if I was driving, and I confirmed. I need to turn myself in at the... View More

Theodore J. Harvatin
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answered on Jul 8, 2025

You say you received six months of probation. I think you mean you were suspended for six months?

If so, the suspension does not end just with the passage of time. You also have to pay the $250 reinstatement fee to the secretary of state to fully terminate the suspension.

You...
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3 Answers | Asked in DUI / DWI, Criminal Law and Employment Law for Illinois on
Q: How to proceed legally after driving with a suspended license and DUI accusations without being pulled over?

I was pulled over for a DUI in January and my license was suspended, resulting in 6 months probation. Recently, I picked up my kids from their dad, who informed them I had a suspended license. The police later called and asked if I was driving, and I confirmed. I need to turn myself in at the... View More

Charles Candiano
Charles Candiano
answered on Jul 9, 2025

The most insidious lies are the ones that you tell yourself. on your facts, you confirmed to law enforcement: 1.) that you violated probation (by driving); 2.) that you violated state law by driving without insurance (you did not have a valid license so irrespective of whether you paid for... View More

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2 Answers | Asked in Criminal Law and DUI / DWI for New Jersey on
Q: Seeking advice for husband's public misconduct charge in NJ due to intoxication.

I am seeking legal advice regarding my husband, who received a court summons for misconduct in public under NJ statute 2c:33a-2a1. He was drunk at the time and does not remember the events. He needs guidance on how to address this situation and what legal options might be available to him.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 7, 2025

He really only has two options. One plead guilty in which case the judge will just sentence him to what he thinks the proper penalty will be. Or choice Two Plead not guilty and either he can represent himself or hire a lawyer. A lawyer will look for any defenses he may have and even if none... View More

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4 Answers | Asked in DUI / DWI and Traffic Tickets for Maryland on
Q: Arrested for DUI in Maryland after refusing sobriety tests. What are my options?

I was pulled over in Maryland for not coming to a complete stop at a stop sign, and an officer suspected I was under the influence due to slurred speech and odor of alcohol. It was my first offense, and although I refused the sobriety tests and was arrested for a DUI, my license was not taken. I... View More

Scott Scherr
Scott Scherr
answered on Jul 6, 2025

You need to retain counsel to represent you. You face a lengthy suspension of your license if you blew .08 or above or refused the test unless you file for a MVA hearing within a very short timeframe or elect the interlock for one year. An attorney can advise you of your chances of success at the... View More

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4 Answers | Asked in DUI / DWI and Traffic Tickets for Maryland on
Q: Arrested for DUI in Maryland after refusing sobriety tests. What are my options?

I was pulled over in Maryland for not coming to a complete stop at a stop sign, and an officer suspected I was under the influence due to slurred speech and odor of alcohol. It was my first offense, and although I refused the sobriety tests and was arrested for a DUI, my license was not taken. I... View More

Mark Oakley
Mark Oakley
answered on Jul 6, 2025

The test refusal triggers an automatic suspension but you can request a hearing to challenge the probable cause for asking you to take the test. You have very little time to request the hearing by filing a timely request with the MVA and paying the ALJ hearing fee. Alternatively, you can elect the... View More

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4 Answers | Asked in DUI / DWI and Traffic Tickets for Maryland on
Q: Arrested for DUI in Maryland after refusing sobriety tests. What are my options?

I was pulled over in Maryland for not coming to a complete stop at a stop sign, and an officer suspected I was under the influence due to slurred speech and odor of alcohol. It was my first offense, and although I refused the sobriety tests and was arrested for a DUI, my license was not taken. I... View More

Colleen M Kirby
Colleen M Kirby
answered on Jul 7, 2025

It is extremely important to consult with a DUI/DWI attorney. If an order of suspension was issued, it means the MVA will suspend your driving privileges on the 46th day after the order was issued. A DUI/DWI attorney can discuss the options with you.

Also, it is likely you received...
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2 Answers | Asked in DUI / DWI and Employment Law for Virginia on
Q: Consequences of failing interlock test on wife's restricted car in VA.

I live in Virginia, and my wife has a DUI and a restricted license requiring an interlock device in her car. The car is registered in my name. I attempted to move the car to mow the lawn and failed the interlock test. I don't have a DUI myself. What consequences might I face, and is there... View More

Daniel P Leavitt
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answered on Jun 28, 2025

If you are not subject to a court order/probation then you won't face consequences but your wife might if they think it was her. They often have pictures so hopefully it does. Not sure if she signed anything saying only she can drive. But she's the only one who can get in trouble.

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2 Answers | Asked in DUI / DWI and Criminal Law for Pennsylvania on
Q: Why did my DUIs disappear from Pennsylvania court records?

I had two DUIs, the first in 2009 and the second in 2012, both in Pennsylvania. When I search my criminal history on the Pennsylvania court's UJS portal, they no longer appear, even though they used to show up until a few months ago. I haven't changed my name or attempted to have them... View More

Steven Pacillio
Steven Pacillio
answered on Jun 26, 2025

Since you have gone 7 years without a misdemeanor or felony conviction, your two misdemeanor DUI convictions have been automatically sealed under Pennsylvania's Clean Slate Act, 18 Pa.C.S. 9122.2. If you were to pull your "Access and Review" criminal history report, these two DUI... View More

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2 Answers | Asked in DUI / DWI and Gov & Administrative Law for Maine on
Q: Do I have to submit to a breathalyzer at a DUI checkpoint?

I was stopped at a DUI checkpoint and the officer asked me to submit to a breathalyzer test, stating it was required at the checkpoint. Do I have to comply with this request?

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 24, 2025

Law enforcement needs probable cause to believe you are impaired in order to ask you to submit to a breath test. Portable breath test results are not admissible in Maine to establish a breath alcohol measurement. Only Intoxilyzer test results from a properly conducted test, and State approved... View More

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2 Answers | Asked in Civil Rights, Criminal Law, DUI / DWI and Insurance Bad Faith for Oklahoma on
Q: Do I need to complete DUI classes for license reinstatement after a possession charge with suspended license due to no insurance?

I was sitting in my vehicle that was not running, talking to a friend when a policeman approached, opened the door, and searched my car without a warrant. I was arrested for marijuana possession and later learned my license was suspended due to no insurance. My case is now closed, but I have been... View More

Brandon Michael Rosenbloom
Brandon Michael Rosenbloom
answered on Jun 13, 2025

No, you likely don't have to do the DUI course before getting your license back. DDS only requires the DUI course to be submitted if you are convicted of DUI, the Court may have made that part of your sentence, and you will need to get it done during your probation, but only as a term of your... View More

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2 Answers | Asked in DUI / DWI, Elder Law and Employment Law for Georgia on
Q: Arrested for impairment despite medical conditions, with pending blood test results. Seeking guidance for upcoming arraignment.

I am a senior citizen with significant balance issues and anxiety. During a recent traffic stop, I was pulled over for allegedly running a stop sign, which I believe I did not do. The officer asked me to walk a straight line on a gravel driveway, which was impossible for me due to my balance... View More

Brandon Michael Rosenbloom
Brandon Michael Rosenbloom
answered on Jun 13, 2025

Make sure you are represented by a competent DUI attorney. You have described multiple issues with the investigation of your case that a well trained DUI attorney will be able to pinpoint and use to aid you in your case. If your bloodwork comes back as just the medications you described, and none... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Massachusetts on
Q: How can I remove a negligent operation charge from my record when it's not observed in the officer's report?

I was charged with operating a motor vehicle while under the influence of liquor, negligent operation of a motor vehicle, and driving an unregistered motor vehicle. However, the officer's report does not mention any observation of negligent operation. It notes that my vehicle's... View More

Lissa McKinney
Lissa McKinney
answered on Jun 9, 2025

You are getting way ahead of yourself, and should wait to review this with a lawyer. Most of the time an OUI is accompanied by a neg op. There is no path to having it removed because you think the police report doesn't reference it. If you were driving under the influence of alcohol, almost... View More

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4 Answers | Asked in Estate Planning, DUI / DWI and Personal Injury for California on
Q: How to protect family home from liability due to father's drunk driving?

My father, who is 76, frequently drives intoxicated. Despite contacting law enforcement and the DMV, no action has been taken to prevent him from driving. My mother is elderly and disabled, and my disabled sister lives with them. They live in a house that is protected by homestead and placed in a... View More

Klaus Gottlieb
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answered on Jun 3, 2025

To protect the family home from liability due to your father’s drunk driving, the most effective step is to amend the revocable trust now—before a problem arises. Although the home is in a revocable trust, that offers no protection from creditors during your parents’ lifetimes if your father... View More

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4 Answers | Asked in Estate Planning, DUI / DWI and Personal Injury for California on
Q: How to protect family home from liability due to father's drunk driving?

My father, who is 76, frequently drives intoxicated. Despite contacting law enforcement and the DMV, no action has been taken to prevent him from driving. My mother is elderly and disabled, and my disabled sister lives with them. They live in a house that is protected by homestead and placed in a... View More

Emery Brett Ledger
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answered on Jun 3, 2025

This is a deeply difficult and understandably urgent concern. When someone causes an accident—especially one involving intoxicated driving—their personal assets can be at risk in a civil lawsuit. If your father is found liable for injuries or damages, a plaintiff could potentially go after... View More

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4 Answers | Asked in DUI / DWI, Criminal Law and Traffic Tickets for Minnesota on
Q: Options for addressing DUI charges and impounded truck in Minnesota

I was stopped for speeding while driving a friend's truck, and the police found two sealed packages that were not mine. I was charged with a DUI, despite not consuming alcohol or drugs since 2009. The police also claimed I refused a test, which was never offered, and didn't read the... View More

Thomas C Gallagher
Thomas C Gallagher
answered on May 30, 2025

The truck's owner could locate the impound lot & ask what they will need to release the truck back to the owner. If a driver's license revocation Notice under Minnesota's "implied consent" law was issued, that must be formally challenged in a court filing before the... View More

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2 Answers | Asked in DUI / DWI, Immigration Law and Criminal Law for Texas on
Q: Is obstruction of highway a crime of moral turpitude affecting immigration status?

I had a DWI charge dismissed and received deferred adjudication for obstruction of highway. I am concerned about how this affects my immigration status and admissibility as a Legal Permanent Resident. Is obstruction of highway considered a crime of moral turpitude?

Emery Brett Ledger
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answered on May 28, 2025

Thank you for sharing those details—this is a sensitive area where immigration and criminal law intersect, so let me help you break it down carefully.

Understanding Crimes Involving Moral Turpitude (CIMTs)

In U.S. immigration law, a crime involving moral turpitude (CIMT) typically...
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4 Answers | Asked in DUI / DWI for New York on
Q: First DWI in NY with .15 BAC. Chances of charge reduction?

I was charged with my first DWI in New York. I have no prior offenses, and there was no accident or passengers involved. My BAC was .15. I was stopped for moving unsafely between lanes. During the arrest, I informed the officer that I had two drinks at the bar. My court date is on July 10th. What... View More

Stephen Bilkis
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answered on May 25, 2025

Facing a first-time DWI charge in New York with a reported BAC of 0.15% can be stressful, and it's understandable to have questions about what might happen in court. In New York, a BAC of 0.15% typically results in a misdemeanor DWI charge under Vehicle and Traffic Law § 1192(2) or §... View More

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4 Answers | Asked in DUI / DWI for New York on
Q: First DWI in NY with .15 BAC. Chances of charge reduction?

I was charged with my first DWI in New York. I have no prior offenses, and there was no accident or passengers involved. My BAC was .15. I was stopped for moving unsafely between lanes. During the arrest, I informed the officer that I had two drinks at the bar. My court date is on July 10th. What... View More

Peter Christopher Lomtevas
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answered on Jun 16, 2025

In the world of traffic law, there is no such thing as "reduced charges." For the first time offender, there is a mix of punishments both in court (a conviction) and out of court (car insurance surcharges and premium increases) which compel participation in classes and a subsequent... View More

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3 Answers | Asked in DUI / DWI and Criminal Law for Minnesota on
Q: Accused of DWI based on meth, not drugs officer suspected. Can it be legit?

In Minnesota, I was pulled over near the North Dakota border after being followed for 2 miles. The officer mentioned a report of a stolen vehicle matching my car's description and said I was suspected of driving 58 in a 55 mph zone. The officer claimed my pupils were constricted, suggesting I... View More

Thomas C Gallagher
Thomas C Gallagher
answered on May 19, 2025

The question mentions facts that could give rise to several defense issues. But to focus on the headline question "police officer suspected driver was on fentanyl or heroin, obtained a blood sample after search warrant, results showed presence of meth. Can this still result in a legitimate DWI... View More

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2 Answers | Asked in Criminal Law and DUI / DWI for Arizona on
Q: Impact of paperwork errors on DUI defense in Arizona

I was arrested for a drug-related DUI, and my consent to blood draw and Miranda rights paperwork were dated incorrectly—one year into the future. Different officers signed off on these incorrectly dated papers. There's also no blood left for testing at the trial. However, my defense attorney... View More

Zachary Divelbiss
Zachary Divelbiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2025

The best case scenario is that you attempt the remove the blood results in the case against you. This is done by supressing the blood results due to some kind of legal error. In short, if the blood results are suppressed then the case essentially must be dismissed since the prosecutor cannot prove... View More

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