Lawyers, Answer Questions  & Get Points Log In
California DUI / DWI Questions & Answers
3 Answers | Asked in DUI / DWI for California on
Q: Friend retained a lawyer but hasn't spoke, only to the paralegal, and wants to make sure attorney is right for the job.

Details - Driving home they lost control and hit a tree 100 yards from residence. Neighbor heard accident and called chp. Friend pulled away from tree and parked in front of home. Friend got out of truck and went into residence. Mad, pissed, and a little rattled, said friend decided to self... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jan 17, 2022

You should reach out to the lawyer that has been retained, request a meeting to discuss the facts, evidence and path forward. If the lawyer won't meet then obviously there's a problem, it's time to start looking for a new lawyer.

View More Answers

2 Answers | Asked in DUI / DWI for California on
Q: DUI. Fell asleep in drivers seat with foot out of door after drinking outside of inoperable vehicle..

My car has no power steering and i was driving in a residential neighborhood and was unnoticed when my vehicle broke down and wouldn't start. I tried pushing it out of the road with no luck. (Took 4 officers)

I proceeded to call friends i was gonna meet with that evening to celebrate... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 29, 2021

MORE INFO IS NEEDED.

FOR A DUI, IF THERE IS A KEY IN THE IGNITION OR ENGINE THAT IS WARM FROM RECENT USE, THAT IS USUALLY ENOUGH. THERE WAS EVEN A COURT CASE WHERE A GUY WAS PUSHING HIS MOTORCYCLE WITH THE KEY IN IT AND IT WAS DETERMINED TO BE ENOUGH FOR DRIVING.

HOWEVER, WHAT IS...
Read more »

View More Answers

1 Answer | Asked in DUI / DWI for California on
Q: I had a dui charge in 2001 a warrant was issued and was arrested in 2019 is there a way to ask the dmv to let this go
Dan Moseley
Dan Moseley answered on Dec 24, 2021

No, the DMV will not let it go. But you can call their Mandatory Actions Unit at (916) 657-6525 to find out what you have to do to restore your driving privilege. Good luck.

3 Answers | Asked in DUI / DWI, Civil Rights and Gov & Administrative Law for California on
Q: Got Class A 1st time dui because interlock device can’t renew my class A unless downgrade to class C … Is dmv right ?

DMV claim I can’t renew class A license for another 6 months due to interlock device they gave me 2 options #1 pay cdl renew fees get a car on you name sr22 instal interlock device and dont drive vehicle for six months option # 2 if you want to drive now give up class A and downgrade to class C... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 23, 2021

You will need to speak with a lawyer who regularly handles DUI cases and has a lot of experience with them. You will also need to provide a lot more information along with all the documentation you received regarding the citation you received. It is difficult to give good advice in this forum due... Read more »

View More Answers

1 Answer | Asked in Contracts, DUI / DWI and Real Estate Law for California on
Q: Does a DUI arrest before closing on a mortgage invalidate previous sworn statements on application?

I signed paperwork to complete a SBA mortgage loan and said NO that I had never been arrested. After sending in the documents, but before closing, I was arrested for DUI. Should I amend my paperwork? I don't want to knowingly mislead, even though at the time I signed there was no problem. It... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Dec 6, 2021

Of course the devil is in the details, what you signed and how it is phrased, generally if everything your answered was true when you signed the document you should be fine. You might check with your realtor for an additional opinion.

1 Answer | Asked in DUI / DWI for California on
Q: What you need to take to court for a certified minutes order
Dan Moseley
Dan Moseley answered on Dec 2, 2021

Your wallet, as courts normally charge for certified copies of records. A minute order is a record of the court's decision in a case. If the decision was made in a public proceeding, there should be no other requirements for a certified copy.

1 Answer | Asked in DUI / DWI, Criminal Law and Constitutional Law for California on
Q: charged with dui alcohol but then changed to just a dui then to public intoxication after DA took over made it s case.

was detained&searched twice inside police department&outside police department&illegally searched my purse without my consent&purse was left outside after being searched which they lost &all property inside purse never givin back or wallet never put in to property 2 officers... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 20, 2021

much more info is needed.

make an appointment asap with a local criminal atty.

A Miranda warning is only necessary if they are going to question you.

a DUI is the same as DUI alcohol............

did they file for the other criminal violations? if so they would not be...
Read more »

2 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: Its my first time getting a DUI, I dont know what to do and need help but have no money, can someone help me please

Or send me to someone that maybe could. My English isnt that strong. I got my DUI 10/23/2021 on Baily Rd. Bay Point, Ca. A car had stopped infront of me and I didnt break in time good enough and hit the vehicle infront of me no one hurt.

John Karas
John Karas answered on Nov 17, 2021

If you don't have any money to pay for a private attorney to represent you, at your arraignment where you plead no guilty ask for a Public Defender to be appointed.

View More Answers

3 Answers | Asked in DUI / DWI for California on
Q: I got a 4th DUI in OC; how may I get into the OC DUI court system when I do not live in OC county?
Jennifer Diem-Trang Le
Jennifer Diem-Trang Le answered on Nov 12, 2021

Is it possible for you to move to OC? You are correct in that you must reside in OC in order to be eligible. If you are not able to do so, there are other options to resolve your case successfully, but not with this limited amount of information.

View More Answers

2 Answers | Asked in DUI / DWI for California on
Q: I live in san Bernardino county and I got a 4th DUI in orange county; how may I get my case heard in DUI court?
Dale S. Gribow
Dale S. Gribow answered on Nov 12, 2021

more info is needed.

a case is heard in the jurisdiction in which the act took place....in your case OC.

i don't practice in SB ...but in Indio, the DUI's are in the same courtroom as other criminal offenses.

View More Answers

4 Answers | Asked in DUI / DWI for California on
Q: Can international law help me protect my rights against a DUI case in Southern California?
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Nov 9, 2021

How do you think international law help defend your case? Generally, when you visit or are a resident in a country you agree to follow the laws of that country, especially the laws relating to activities that are criminal.

View More Answers

2 Answers | Asked in Divorce, DUI / DWI, Estate Planning and Real Estate Law for California on
Q: Need financial help to get my divorce or find a probono family divorce attorney I been messed over by my wife and she

Messing my life up please some one help me

Dale S. Gribow
Dale S. Gribow answered on Nov 6, 2021

YOU ARE POSTING THIS ON A DUI WEBSITE.

REPOST ON FAMILY LAW AND INDICATE CITY NEEDED.

ALSO CONSIDER LEGAL AID IN YOUR AREA.

View More Answers

3 Answers | Asked in DUI / DWI for California on
Q: i have a drug dui, but on my blood sample it is dated the day before my arrest ? it just seems like it might not be mine

would it be a reason to get that evidence throw out?

Dan Moseley
Dan Moseley answered on Nov 4, 2021

Yes, the wrong date could indicate the test result is not based on your sample. But it could also be a clerical error of lesser impact. In either case, there are many ways that a drug test can become tainted and unreliable as evidence of guilt. You may want to discuss the matter in greater... Read more »

View More Answers

1 Answer | Asked in DUI / DWI for California on
Q: If after arrest for 2nd dui, I forgot to mention I drank after driving, is there a way to fight it?

I got in an accident not at fault right by my house. I went home to check in before the police arrived. I was in shock and had a couple shots to calm my nerves not thinking I would be breathalyzer since I wasn't at fault. I know stupid. When giving police report I mentioned I had a couple... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Nov 4, 2021

The statements, regardless of whether they are included in the police report, will likely not affect the charges you face, nor the settlement offers you receive. You should probably contact a local DUI defense attorney to discuss the best way to proceed in your case, they can help you develop the... Read more »

4 Answers | Asked in DUI / DWI for California on
Q: Should I reinstate my license at first opportunity or wait for my court date?

My DMV 4-month suspension for a first time DUI charge will be concluding here in December. I’ve been driving with an IID restricted license since August and will be concluding a 4-month DUI class next Saturday, thus I should have all the prerequisites for reinstating my full license. However, my... Read more »

John Karas
John Karas answered on Oct 31, 2021

The DMV action taken against your license is independent of the DUI criminal case. If you're eligible to have your license re-instated by the DMV, there's nothing to prevent you from doing so.

View More Answers

3 Answers | Asked in DUI / DWI and Traffic Tickets for California on
Q: Admitted to drinking and driving but passed sobriety test. can the judge change his mind and sentence me?

Involved in a single car accident, nobody was hurt. i admitted to the officer that i had a drink that night. he gave me a field sobriety test and i passed, he said “i’m not being arrested for DUI” i got a infraction for an unsafe lane change. the officer didn’t do any blood work or... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 28, 2021

If there's no chemical test it's very difficult to prosecute you for DUI, especially if you passed the FST's. If you want to fight the infraction, have at, it would be difficult for anything to be added to the case.

View More Answers

1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: Do I need to get a private attorney? Without one am I am any trouble?

I’m a 23 year old from California , I recently violated my court probation. I violated it with a “spectating ticket” For watching an illegal motor vehicle contest.

My original conviction that got me on probation was a dui back at the beginning of 2020.

My record is clean... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 11, 2021

more info is needed

it is always best to have an attorney.

however, if you can't afford one the court will appoint the public defender on any criminal case.

the reason fees are so high is that most cases are not resolved with one appearance.

Covid has caused all...
Read more »

2 Answers | Asked in DUI / DWI for California on
Q: Can a lawyer appear to Court on my behave at my initial appearance?
Dale S. Gribow
Dale S. Gribow answered on Oct 8, 2021

more info would be helpful...........but for most misdemeanors, a lawyer can appear under 977 on behalf of a defendant (not for a domestic violence in Indio)

for a felony, the defendant has to appear

View More Answers

1 Answer | Asked in DUI / DWI for California on
Q: California DMV DUI hearing, my license was revoked for 1 year. Can I get a restricted license

At my California DMV DUI hearing, my license was revoked for 1 year, due to the fact the officer stated I refused a blood test (though 100% false. Regardless is there any way for me to get a restricted license for work, medical, food, and transporting my children to/from school?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 6, 2021

No, a finding of refusal by the DMV results in a one year "hard" suspension, you should have been advised of that possibility when you were offered the test.

2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Do I need to get a lawyer?

I violated my court probation by “attending a illegal motor vehicle contest” they gave me a ticket for spectating.

My original offense was for a dui. Which occurred at the beginning of 2020.

- I was within 300 feet when the police stopped me, but they had the whole intersection... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 5, 2021

As part of your probation you were told to "lead a lawful life", this is potentially a probation violation. That being written, you probably have nothing to worry about regarding a probation violation, however you can contact a local criminal defense attorney (or maybe the one you hired... Read more »

View More Answers

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.