Lawyers, Answer Questions  & Get Points Log In
DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for California on
Q: in a process of getting sentenced 4 a dui while on trial I was in a marijuana dispensary raid . What will my punishment

First dui

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 13, 2019

Punishment for the DUI or the raid? Getting arrested BEFORE you were sentenced on the DUI should not affect your sentence since you weren't on Probation yet.

What charge were you arrested on in the raid? You should discuss this with the lawyer handling your DUI.

Good luck!

View More Answers

1 Answer | Asked in DUI / DWI and Criminal Law for North Carolina on
Q: Can you be convicted of DUI while on prescribed medication and sinusitis, and concussion?

I'm disabled on medications phenobarbital, synthroid, Fetzima, Latuda, Lanisapryl Armidiinil, sudafed, guaifenesin. Was sick with sinusitis. 1 concussion 7 months earlier caused by Rowan County sheriff's deputies and their supervisor. I was giving sobriety for over 1 hour. I have phenobarbital,... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 12, 2019

If you were charged with DWi, your case is not really complex - you either drove while impaired or you did not. If you are asking can prescription drugs be the basis for the impairment, the answer is yes. You should consult with a local DWI attorney ASAP. Best of luck.

1 Answer | Asked in DUI / DWI and Traffic Tickets for Washington on
Q: On 3/3/16 I got a dui, did everything for it. Just recently I got a speeding ticket and the court I got my dui in sent

Me a show cause hearing. What does this mean?

Stan Glisson
Stan Glisson answered on Dec 12, 2019

It is probably a type of probation violation hearing. Different courts use different terminology, but I would guess that's what that is. Typical DUI probation is 5 years, and depending on the judge they sometimes consider traffic infractions to be probation violations.

You can call the...
Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Family Law for Florida on
Q: Is a probationers compliance or status public record?

For example, assuming I know their PO and call their office/ email, can they tell me if a current probationer is in compliance with their terms, attending court ordered substance abuse classes, paying fees, and/or completeing community service.

Jonathan Blecher
Jonathan Blecher answered on Dec 12, 2019

I doubt a probation officer would disclose any information unless you were the attorney, court official or had a release/power of attorney from the probationer.

1 Answer | Asked in DUI / DWI for Massachusetts on
Q: MA. license, 1st offense DWI in NY, have IID, attended Victim Panel, paid fines, need hardship license to work & medical

medical conditions. Need pro bono advice to apply but not sure if in NY state or MA. Help!

Dennis J. Nave Jr.
Dennis J. Nave Jr. answered on Dec 11, 2019

If your driving privileges are revoked in New York (because New York cannot revoke an out of state license, only privileges), you need to complete the NY Impaired Driver Program (or out of state equivalent) and request a conditional license from New York State to be able to drive in New York.... Read more »

1 Answer | Asked in DUI / DWI for Wisconsin on
Q: How do I find a lawyer that can help me with my license and 3rd owi. When I live in Wisconsin but had an IL license?

I was recently stopped on a traffic stop during the stop they ran my name and found I was driving on a revoked drivers license. I have tried countless times to get my license back from the state of Illinois after my first OWI. Now I am facing a 3rd charge and really need a lawyer that can help me... Read more »

Walter A. Piel
Walter A. Piel answered on Dec 11, 2019

You will need an attorney who can help you navigate Illinois separate from your new charges in Wisconsin. My office would be happy to provide a consultation for the Wisconsin charges. We have an attorney we can refer you to to consult in illinois that also practices in DUI matters and working with... Read more »

1 Answer | Asked in DUI / DWI for Minnesota on
Q: I blew .08 and was discovered in my parked car. Can they really give me a dwi/dui?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 11, 2019

Yes. If you had the keys you were likely in physical control of the vehicle. But that doesn’t mean that you will be found guilty or get a conviction on your record. Get an attorney to help you.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: My gf is under house arrest. She will have to take a drug test. I live in the same house, will I have to take one too?

My girlfriend will start house arrest for 4 days in January for a DUI she obtained within the last 2 months. She will be subject to a drug/alcohol test. I live under the same roof, will I be subject to a drug/alcohol test as well, even though I’m not the one that will be under house arrest?

Timothy Denison
Timothy Denison answered on Dec 10, 2019

No. Just her.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: If I feel I was coeherced in taking a plea agreement can I take back that plea

I had a public defender, he got upset about going to trial, he started to tell me things about my case he said he knew as evidence, I believe he made up to scare me into taking the plea. So I did take the plea, but now regret it

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 10, 2019

Public defenders don't "make things up" to get people to take plea deals. They give honest advice on what they believe you should do in terms of taking an agreement or going to trial. It is then up to you decide how you want to move forward. You could certainly seek to withdraw your plea, but... Read more »

1 Answer | Asked in DUI / DWI for Minnesota on
Q: If I tell my lawyer something pertaining to my case does my lawyer have to tell the court

My lawyer told me he has to bring what I said u in court,isn't that against lawyer-client confidentiality

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 10, 2019

That's impossible to answer for certain without details. A question like this is very fact-specific and can't be answered with so little information.

2 Answers | Asked in DUI / DWI and Estate Planning for Pennsylvania on
Q: How to interpret Living Trust name: John Doe TTEE UA DTD 5/11/12 FOR THE John Doe TRUST, 201 Greenwood St Millerstown?

Sorry clicked before completed question - how to interpret the name of a living trust: John Doe TTEE, UA DTD 5/11/12 FOR THE John Doe TRUST, 201 Greenwood Street, Millerstown PA?

Nina Whitehurst
Nina Whitehurst answered on Dec 10, 2019

Another way of putting it would be John Doe as Trustee of the John Doe Trust dated 5/11/12, and the rest is clearly an address.

View More Answers

2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and DUI / DWI for Minnesota on
Q: How do I prove that police tampered with evidence

It seems all things in my defense and truthful, on the police video and audio, somehow one way or another doesn't show,one moment it's clear then another it's totally silent ,then another staticy, and ironically at the times it's in my favor.so it makes me look bad, it's not fair and it's... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 9, 2019

It’s unclear what you are charged with or what the video is supposed to depict. You need to be represented if you are charged with a crime. Get an attorney.

View More Answers

1 Answer | Asked in DUI / DWI for New Hampshire on
Q: Can I be charged with a DUI if I wasn’t under the influence
Leonard D. Harden
Leonard D. Harden answered on Dec 4, 2019

Yes, a person can be charged with a DUI as long a police officer believes there is impairment from alcohol or drugs. This is a very subjective decision to charge a person. If you are charged with a DUI you should contact a lawyer that focuses their practice on defending them. I would encourage... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: If my brother has a DUI, and now he got a extreme DUI what happens next
K. Bryan Goodman
K. Bryan Goodman answered on Dec 3, 2019

If his previous DUI was within 7 years, he will considered a second time offender. This changes the amount of jail time (minimum of 120 days) he faces, the fines, and other sanctions. If he received the second DUI while he was required to have an interlock or he did not have a license, he will... Read more »

1 Answer | Asked in DUI / DWI for Kansas on
Q: Can I switch companies after ive had the breathalyzer for a year? I have another year but I'm having nothing but issues.

Its messed up several times but continuously for the last month it keeps messing up amd I have to have it read about every other week.

Brian Leininger
Brian Leininger answered on Dec 3, 2019

Yes, you can absolutely switch. Find a new company and have them lead you through it.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: If the breath machine malfunctioned on first sample, Am i required to submit a second sample? i refused but he threaten

I refused 3 times , he told me i was going to stay in jail the rest of the night if i didn't blow the second time. i refused because The machine malfunctioned the first time and i told him i believed it to be faulty .

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 2, 2019

You may very well have a good defense. Hire a criminal attorney.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Pulled over in Kentucky for no illumination over license plate. Car smelled like marijuana got ticket for dui

1. Pulled over for no illumination of license plate.

2. Car smelled of marijuana when window was down handing officer his credentials.

3. Officer asked if he had been smoking.

4. Kid answered yes a few hours ago.

5. Officer removed kid from car.

6. Asked kid... Read more »

Timothy Denison
Timothy Denison answered on Dec 2, 2019

Not likely from the facts you’ve given although it might be possible depending on other facts developed through discovery.

1 Answer | Asked in DUI / DWI for Florida on
Q: When arrested for DUI or felony drug charges, must you appear at the arraignment or can a public defender go to court
Jonathan Blecher
Jonathan Blecher answered on Nov 30, 2019

Rules of procedure allow for a Defendant’s lawyer to waive their client’s appearance at the arraignment. Just be sure the PD has filed the appropriate paperwork in advance of the hearing. Some judges may have their own set of rules. Be careful about that, too.

Good luck.

1 Answer | Asked in DUI / DWI for Ohio on
Q: I was pulled over 2 day ago with marijuana and open containers of alcohol i’m 18 had a bac of 0.10 should i plead guilty

cop said i swerved one time. failed one part of sobriety test because of harsh wind and it was freezing. i had a small amount of marijuana, a pipe, 2 open containers and one unopened. should i i plead guilty

Brian Smith Esq
Brian Smith Esq answered on Nov 29, 2019

You should talk with an experienced OVI attorney immediately and certainly before entering any plea. You do not want to give up your rights without exploring what they are, what happened and what you are charged with.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I was charged with a dui after leaving the scene of an assault against me. Immediately after. I have no record

A neighbor called 911 and I could not find my phone to call the police. I did not know the neighbor had called. I was assaulted by 3-4 individuals

Anthony M. Avery
Anthony M. Avery answered on Nov 29, 2019

What is your question? Driving Under the Influence is not excused by leaving an attack. If there is a friendly witness available, the DA might be more understanding. But I doubt it. Hire a competent attorney to put together a thorough Preliminary Hearing. The assailants are not going to help... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.