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DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI and Traffic Tickets for Illinois on
Q: In 2010 I my license was suspended in illinois for a dui me and my family went to Florida on 10/10/10 I was driving and

And received a speeding and driving on suspended the driving was paid and thrown out now illinois wants to give me a 3 year suspension what can I do

Theodore J. Harvatin
Theodore J. Harvatin answered on Mar 4, 2021

From your question, it appears that you received a DUI in Illinois, your second one within five years, and refused the breath test. That resulted in a three year suspension to start out with.

Now Florida has reported to Illinois that you were driving. That violates the driving while...
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4 Answers | Asked in DUI / DWI for California on
Q: I have a friend who is being charge of dui, hit and run, driving while intoxicated,

Resisting arrest of executive officer (pc69) what is the worst thing can happened to him or what can he do to reduce charges

David Michael Lehr
David Michael Lehr answered on Mar 4, 2021

PC 69 is either probation and some jail or 16 months, 2 years, or 3 years in prison. The other charges are about 0 to 30-45 days typically.

Good Luck!

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3 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: How can i get a hardship drivers license or some kind of restricted license to work if i have never had one?

my privilege to drive has been suspended for 21 years by dmv for a second dui despite i paid for my crime in jail and through fines etc. I'm in the classes dmv wants but i need something to be able to drive now . i'm desperate im the only one providing for my family due to covid. I work... Read more »

David Michael Lehr
David Michael Lehr answered on Mar 4, 2021

I am sorry that you were going through this. In general they will not you apply for it driver's licence until you complete the dui class. You can call or go to your nearest driver safety office which is part of the DMV and ask them if there's anything you can do.

Good luck.

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can a driving with a open container charge be dropped
Anthony M. Avery
Anthony M. Avery answered on Mar 4, 2021

It is definitely possible. You might get Diverted. It would help if it wan an illegal stop involved. Hire an attorney as that will be on your record.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: My friend ead out 2 dui charges and never got a 3rd one but was charged with a 4th one
Timothy Denison
Timothy Denison answered on Mar 3, 2021

What is your question?

1 Answer | Asked in DUI / DWI for North Dakota on
Q: Is there a certain amount of time to resolve a dui case?
Rick Sand
Rick Sand answered on Mar 3, 2021

This is a very interesting question. In order to give the best answer, it is important to know a few things: Is this a first offense DUI, or does the person have previous DUI convictions? Does the person have an out-of-state driver's license? Was there a chemical test performed (breath, blood,... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: I got a DWI when barely 21, 15 yrs ago in TX. Texas law says I can't expunge; what if I move out of TX?

Got DWI 3wks after turning 21. I am now 36, and dont even drink anymore. If I establish residence out of TX can I get it expunged from my record? It is -killing- my insurance rates even all these years later?

Grant St Julian III
Grant St Julian III answered on Mar 2, 2021

It is the final disposition of a case, not the passage of time, that determines eligibility for expunction. Moving out of the State will have no affect on this issue. What was the disposition of the case?

2 Answers | Asked in DUI / DWI for California on
Q: In California, what is the statute of limitations for a misdemeanor DUI with marijuana?

After googling I found it’s a year but I wanted to be 100% sure because today marks a year and I don’t know where to go from here:

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Mar 1, 2021

Assuming you're correct and it's a misdemeanor, the statute of limitations is one year from the date of arrest. You should call the court and confirm that no charges have been filed, tomorrow.

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2 Answers | Asked in DUI / DWI and Identity Theft for Florida on
Q: I was wondering how I find out if my sister took my identity and got a DUI in my name

In 2009 I was going through a hard time my sister told me to come stay with her in Columbus Oh. I came up from FL to see how things would go and they did not work out I was told she had 13 evictions in my name recently I had to go to court because the FWC gave me a fine for a fish that was two in... Read more »

Jonathan Blecher
Jonathan Blecher answered on Feb 27, 2021

It wouldn’t be the first time that a sister/brother used the identity of a sibling during an arrest. You’ll need to run an FDLE records check and find out where the DUI occurred, then work on getting it off your record. An attorney can assist you. Good luck.

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2 Answers | Asked in DUI / DWI for Pennsylvania on
Q: I had a DUI back in 2006. I just received a fine in the mail stating that I was seen driving by a police officer.

I haven't drove at all. Now I'm looking at jail time. They said I'm dui suspended from 15yrs ago. Am I going to jail?

Ellis B. Klein
Ellis B. Klein answered on Feb 26, 2021

You need to get a lawyer asap. If your license was never restored after the DUI you are considered DUI suspended until you get your license back. if you are found guilty, there is mandatory imprisonment of 60-90 days in the county prison. You need to figure out how to get you license back asap.... Read more »

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1 Answer | Asked in DUI / DWI for Louisiana on
Q: In louisiana, can the DA enhance past wreckless driving to DWI? The arrest was DWI but reduced to wreckless driving.

Had DWI (1st) then was arrested for new DWI (2nd). Charges at arrest include 2 enhanced reckless driving (3rd/4th) to make a felony. one week ago. Can they do this with 2 previously settled charges (non DWI)?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 25, 2021

The charges are always enhanceable until you plead.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: What if I got a DUI for .5 oxycodone in my system, do I still have to get the Interlock? And I'm not longer in Probation

But still have Fines to pay. I don't have a vehicle but plan to get one soon and get my license reinstated.

Anthony M. Avery
Anthony M. Avery answered on Feb 25, 2021

If you were convicted of DUI, usually the only way to get a TNDL until the entire Sentence is completed and paid, is to apply for the Interlock Device. If you do not have an attorney, then you might ask the Court Clerk to assist you in applying for the Judge's Order. Then you have to... Read more »

1 Answer | Asked in DUI / DWI for Ohio on
Q: In the state of Ohio does information on a ticket that the cop gives you for an ovi need to match the cops report?

Example if the ticket says refused to take a breathalyzer but the police report states there is a bac level of .117

Matthew Williams
Matthew Williams answered on Feb 23, 2021

More information is need. A lot of times what's happening here is that the individual took a portable breath test by the side of the road, which is inadmissible due to reliability issues, and then refused to take the test back at the station. If that is the case, then the refusal charge is... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can you please help me to find an attorney that will represent my dui case in Claiborne county Tennessee
Anthony M. Avery
Anthony M. Avery answered on Feb 22, 2021

I go to Claiborne County all the time. You can call me.

1 Answer | Asked in DUI / DWI and Criminal Law for Tennessee on
Q: My husband was arrested on feb13 for dui..sheriff took him for blood draw. I bonded him out on 14th. Yes he had

Heroin in his system.Came to our home and arrested him on. Feb 18 for a drug charge. Why did they rearrest him? He had no drugs in car or on his person on dui arrest. Can they file a warrant for what was in his blood?

Shanone Emmack
Shanone Emmack answered on Feb 20, 2021

No they cannot arrest him for a drug charge because he had drugs in his system. He had to be in possession of them. There must be more to it. I recommend you call the clerk's office and get a copy of the affidavit of complaint and see what it says. I also recommend you hire an attorney to... Read more »

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Hello, I got 3rd DUI in Kentucky. Is there anyway possible way to get house arrest?

Will be my third DUI within 10 years, I also have an immigration Case going on, also have a 83 year old adoptive mother that needs my help financially, what are my options?

Timothy Denison
Timothy Denison answered on Feb 17, 2021

Depends on the county where the DUI is but HiP on a 3rd is unlikely. Hire a competent criminal defense attorney, aggressively defend the DUI, and if you can get it amended or favorably resolved that will help tremendously with your immigration case.

1 Answer | Asked in DUI / DWI for Massachusetts on
Q: Does taking a breathalyzer create a legal 90-day suspension contract for first offenders? (Massachusetts)

I was suspected of an OUI (first offense) and took a breathalyzer because I was under the impression that my license would be taken for an automatic 90-day suspension. After the 90 days, I was told by the Registry of Motor Vehicle Appeal Board that they wanted to hold my license until my case was... Read more »

Frederick Lewis Stoker III
Frederick Lewis Stoker III answered on Feb 12, 2021

There is no contract here. Driving is a "privilege" and not a right and therefore it is easier for the government to suspend or revoke your driving privileges. You should use the Find a Lawyer tab at the top of the page and consult with an attorney about the next steps, if not in the very... Read more »

1 Answer | Asked in DUI / DWI for Louisiana on
Q: If you choose to not drive instead of using an interlock device how long before you can drive again in Louisiana.

I received article 894 from a dui I received in 2015. While I was doing community service to pay my fine , it came up that I owed around $100 from an old dui in like 2002. I paid the fine in 2015 so it’s showing that I had a current dui even though it was 894. I couldn’t and can’t afford an... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 12, 2021

Your attorney has to file Motion to use that 894. It does not happen automatically. The 894 has nothing to do with the interlock.

1 Answer | Asked in DUI / DWI for Michigan on
Q: I have a 3rd dui, will I do some jail time, during the Corona virus
Frank B. Ford
Frank B. Ford answered on Feb 9, 2021

IF you are convicted of an OWI 3rd, there is a mandatory 30 days jail, and it can be up to 5 years. Without knowing more, it is impossible to say if you will actually be convicted of that. If you are convicted of OWI 3rd, the Judge may not make you serve it right away, given the pandemic. Even... Read more »

2 Answers | Asked in DUI / DWI for Oklahoma on
Q: Is a dui a misdemeanor or felony
Andrea Worden
Andrea Worden answered on Feb 9, 2021

A DUI can be filed as a misdemeanor or felony.

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