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DUI / DWI Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and DUI / DWI for Tennessee on
Q: If someone was charged with 2nd DUI in 2007,can police seize car for driving revoked,but never charge them for it,

My dad's car was taken for driving on revoked from a 2nd DUI he got in 2007, they never charged him & the police drove off in his car, is that legal??

Anthony M. Avery
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Anthony M. Avery
answered on Sep 29, 2022

If no charge was made by the LEO's, and no Forfeiture Warrant was issued, then it is an unlawful taking. But did Dad own the vehicle? I suspect more occurred here than what facts are stated. Driving on Revoked TNDL may be a charge in the making, which can take 1 year to initiate. The owner... Read more »

1 Answer | Asked in DUI / DWI for Florida on
Q: Can blood work be suppressed if an officer did not provide an option for a voluntary breathalyzer?

During a DUI arrest while visiting Florida, I was brought to the hospital for chest pains. 20-30 minutes prior to being discharged from the hospital, the officer said a breathalyzer was no longer an option (we were there for approximately 3 hours, his station was 5-10 minutes from the hospital),... Read more »

Jonathan Blecher
Jonathan Blecher
answered on Sep 29, 2022

There's a myriad of issues present in this fact pattern. I'm not licensed in California, so I can't offer you an opinion on the nuances of CA law which may apply. I suggest STRONGLY, that you retain an attorney in your area to defend you.

Good Luck.

1 Answer | Asked in DUI / DWI for Texas on
Q: I was given 10 yr felony probation for a 3 or more dwi in texas, I have a scram on.

My Attorney at the time said I would have to wear it the whole 10 years, is this true?...it says nowhere on any paperwork about the time.

Thank You,

Scott

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Sep 29, 2022

You can ask the judge to remove the scacr device. If there are no violations they may grant your request

1 Answer | Asked in DUI / DWI for Virginia on
Q: If convicted of maiming while dwi does that make it illegal for employers to allow you to see alcohol?
Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Sep 28, 2022

The answer is, it depends. If you were interdicted then it is illegal for you to purchase or possess alcohol. Often times, the courts will also include in the terms of your probation and good behavior that you were not allowed to purchase or possess alcohol. Virginia is an at will employment... Read more »

2 Answers | Asked in DUI / DWI for California on
Q: Been inquiring about the ability to reopen a case I plead guilty to 5 years ago. I was not11 guilty. Advised by P defend

to avoid a trial. Prison if lost trial. Agreed to 3rd felony DUI. TMI. Issue. I wasn't pulled over. Not driving when arrested for DUI. DUI last Friday night. SO GUT SICK MAD SAD... Any suggestions or advice Thank yyou so much.

Thomas M. Fleming
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Thomas M. Fleming
answered on Sep 27, 2022

I'm sorry you've going through all this. Since the public defender represented you, start there and ask another attorney to take a second look at this. If you received ineffective assistance of counsel, for example, then you may be entitled to a new trial. If that is the case, however,... Read more »

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2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Minnesota on
Q: is it illegal to be underage and high, even if i have nothing on my person/car/property
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 21, 2022

In law school we learn that there is one answer to every legal question: "It depends." It could be illegal to be underage and high, if that person "drives, operates, or is in control of any type of motor vehicle" in Minnesota. To pick another random example, in Minnesota an... Read more »

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1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: Likelihood of jail or prison time with meth charge and extensive criminal history in another state?

My brother has an extensive drug history and a history of not appearing in court in FL. He’s also has two bench warrants from Florida that he wasn’t aware of.

He was arrested in Cadillac on 9/16 for meth possession, DWI, and being in possession of a loaded firearm (the firearm was mine,... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 19, 2022

Avoid incarceration? Unlikely. The biggest risk factors are his loose ties to the community and his history of failure to appears. I know people change, but judges see that and think "this guy can't be trusted to be out in the community to do the right thing if he can't even show up to court".

1 Answer | Asked in DUI / DWI for Arizona on
Q: Can I be charged a felony on a charge that city convicted me on dui 1 other?

I was charged dui 1 both times, I've been working on that part of my charges, can I also be charged seperately though prosecuted for a felony for that same arrest. It was dui other both times, and same sentence for both. Now fearful of felony

charge on the same arrest that I'm... Read more »

Steven Scharboneau
Steven Scharboneau
answered on Sep 18, 2022

The answer is it depends. Generally speaking, it isn't uncommon for DUI charges to start off as a misdemeanor and then be referred up to county for felony prosecution. I've seen this happen plenty of times before. It really will depend on the fats of your case and the way they charged it.... Read more »

2 Answers | Asked in DUI / DWI for California on
Q: 3rd dui in Lakewood CA, BAC .34 and minor fender bender. Dose anyone have previous experience of outcome?

Completed a five month IOP and still continue to attend even after completion.

Have been on SCRAM for 5+ months (got on one week after the arrest)

Got a “set aside” (from what I understand that is a win for the DMV hearing)

Have hired a good seasoned DUI lawyer... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 18, 2022

A wet reckless will be treated as a prior DUI, provided it occurred within the last 10 years. You need to hire an attorney to see if the first incident occurred more than 10 years before the most recent DUI, and thereby avoid facing the consequences of a 3rd DUI. Of course, even if it occurred... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: 3rd dui in Lakewood CA, BAC .34 and minor fender bender. Dose anyone have previous experience of outcome?

Completed a five month IOP and still continue to attend even after completion.

Have been on SCRAM for 5+ months (got on one week after the arrest)

Got a “set aside” (from what I understand that is a win for the DMV hearing)

Have hired a good seasoned DUI lawyer... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 17, 2022

the best advice any lawyer on this site can give you is to listen and follow the advice of your current DUI lawyer who hopefully practices often in that court.

that fact that you got a set aside on DMV suggests either a problem with the case OR you have a very good DUI...
Read more »

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1 Answer | Asked in DUI / DWI for Florida on
Q: I have a case in browsed county Florida dui DUI with a minor and dui with damage and injury

Fort Lauderdale

Jonathan Blecher
Jonathan Blecher
answered on Sep 16, 2022

DUI with a Minor + Injury is very serious. The Broward County State Attorney's Office will prosecute the case with vigor. In addition to the criminal penalties, you have only 10 days from the date of arrest to attend to the administrative driver license suspension. You should contact a local... Read more »

1 Answer | Asked in DUI / DWI for Kentucky on
Q: What all is required to get license back after first dui
Timothy Denison
Timothy Denison
answered on Sep 15, 2022

Payment of fines and costs; completion of alcohol education program; 6 month ignition interlock device.

1 Answer | Asked in DUI / DWI for California on
Q: Arrested for DUI on 8/14/22 with a alcohol level higher than .08 Court date is for 9/14/22. DMV hearing is for 11/10/22

I got two papers in the mail, one is the form CCP 1013a, and the other one is what I'm confused about. It states "Notice of Decision", "Results of the Proceedings" indicating the two criminal charges I have are "I dismissed. Reason: Correction" It also has... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 15, 2022

Not sure what your question is regarding, however, if you have a DUI, you speak with a local attorney to represent you in court and before the DMV. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should... Read more »

2 Answers | Asked in DUI / DWI for California on
Q: My nephew age 20 got a DUI last weekend after he got into an accident. He had been drinking but he was told to do field

Sobriety test with what we later discovered after going to the hospital he had a broken neck and broken discs in his back

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Sep 13, 2022

You should definitely talk to a DUI defense attorney, there are issues here to investigate. Obviously any coordination test performances will be affected by the injuries suffered by your son in the accident. Depending on the timing (and type) of the chemical test, hospital treatment can also... Read more »

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1 Answer | Asked in DUI / DWI for Michigan on
Q: Do I need a lawyer to get my discovery packet in the state of Michigan?
Brent T. Geers
Brent T. Geers
answered on Sep 12, 2022

Yes. But you should know there is no such thing as a "discovery packet". That is a phrase jailhouse lawyers use all the time, and get frustrated when told there is no such thing. "Discovery" is nothing more than facts or evidence the prosecution relies on for trial. In many... Read more »

1 Answer | Asked in DUI / DWI for Maryland on
Q: My son has a virtual hearing for DWI in New Jersey. Is this a trial date? Or a preliminary hearing? Will he need a law

Will he need a lawyer for this hearing?

Scott Scherr
Scott Scherr
answered on Sep 12, 2022

You will need to ask a New Jersey attorney this question. Repost your question to New Jersey attorneys by listing the location as New Jersey.

2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: I would like to know how I'm able to get a pro Bono lawyer for a tricky case.

The case holds no evidence other then verbal, was not notified of bench warrant and fines have been paid. I'm a single mother who would love some assistance or anything at this point.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 10, 2022

This likely belongs in the criminal law section instead of products liability. You can usually get a free attorney (public defender) for free if you cannot afford an attorney. There are also some self-help programs at the courts.

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1 Answer | Asked in Criminal Law, DUI / DWI and Civil Rights for Idaho on
Q: If you pass the field sobriety and breath tests can an officer push for a forced draw?

blew 0.00 and was still given a forced draw, then charged and brought before a judge with our the results from the lab.

Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

There are 2 sanctioned ways the State can prosecute a DUI. The definition of Driving Under the Influence, is when a driver is seated in the driver's seat with the motor running, and "under the influence" of an intoxicant.

Idaho also as adopted a .08 level of alcohol so as...
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1 Answer | Asked in DUI / DWI for Louisiana on
Q: If on supervised probation for 6 months for first dui conviction can I relocate to a different state while on probatio?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 8, 2022

If you are on supervised probation, then you cannot relocate without permission of either your probation officer or the presiding Judge until your probation is completed. That said, most probation officers and/or the Court will give permission to relocate as long as there's good cause.

1 Answer | Asked in DUI / DWI, Family Law and Car Accidents for New York on
Q: Can CPS tell you not to be alone with your kids before you're proven guilty of a charge?

My fiance got in a car accident due to the wheel guard falling off and catching under the tire and yanking him off the road on8/25,our daughter was in the car also. He had an energy drink 10 min before and blew a 0.1. This caused him to get an aggravated dwi charge and appearance to court date. CPS... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 5, 2022

Yes they can

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