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California DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for California on
Q: My fiance has a interlock in his car. It showed alcohol when he did the sample, both times were from hand sanitizer I..

Think they were both under .02 because it still passed him and was green. Does he have to worry about this when it gets reported to DMV. Will this be a problem? He doesn’t have to report to a probation officer..I’m just worried because his job requires him to have his drivers license.

Dale S. Gribow
Dale S. Gribow answered on Aug 30, 2021

MORE INFO NEEDED

IF CONTACTED BY DMV YOU WOULD WANT A DECLARATION UNDER PENALTY OF PERJURY THAT IT WAS FROM HAND SANITIZER

3 Answers | Asked in DUI / DWI for California on
Q: If someone had a DUI in another state, and then gets another DUI in California, what would most likely happen?

.

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Aug 25, 2021

Generally, a DUI within 10 years anywhere in the United States is chargeable as a prior so long as the law in California is substantially similar to the state of conviction. California is a “movement” state requiring a vehicle be moved to meet the driving requirement. Some states, are control... Read more »

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1 Answer | Asked in DUI / DWI for California on
Q: How can I avoid being falsely charged with an underage DUI of blowing above .01? [Vehicle Code: 2314(a)]

I was pulled over after not completely stopping at a stop sign and then was under DUI investigation because I had just picked up my drunk friend from a friends house. I complied with all the CHP’s orders and denied drinking all together except for the night before (approx. 9 hours before the... Read more »

John Karas
John Karas answered on Aug 16, 2021

Nyquil contains 10% alcohol. The law doesn't make a distinction what the source of the alcohol was, just that you had it in your system.

Your first course of action is to request a DMV hearing within 10 days of your arrest. Otherwise, your license will automatically be suspended for...
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2 Answers | Asked in DUI / DWI, Employment Law and Employment Discrimination for California on
Q: I was let go from a job due to disclosing personal information regarding a DUI, I believe I was discriminated against

I worked for a group home for foster children. My role in the agency had nothing to do with driving (especially since it was during the shutdown and pandemic of 2020) I handled all meetings and company purchases online. In fact, all children at the agency which they claimed I would have to drive... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 14, 2021

Your headline question says you were let go but your post says you quit. Big difference.

There would have been nothing unlawful about your employer terminating you because of your DUI even if your job did not involved driving. Furthermore, your employer would have had the right to...
Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: Question for attorneys who practice DUI defense, and direct mail recent arrestees. How do you receive lists of arrests?

I'm concerned about privacy issues, and so on. Are daily lists typically available from the court web site, or do you use a service to collect daily arrest info?

Dale S. Gribow
Dale S. Gribow answered on Jul 30, 2021

I DON'T DO IT BUT I BELIEVE THERE ARE SOME COMPANY'S YOU CAN PAY FOR A LIST OF CURRENT ARRESTS.

SOME LAWYERS WILL THEN SEND ADVERTISEMENTS TO THEM.

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2 Answers | Asked in DUI / DWI for California on
Q: What sentence will be put upon me for a plea deal for vehicular homicide while also the 3rd dui in 10 yrs ?
Alison Lee Bermant
Alison Lee Bermant answered on Jul 26, 2021

It generally depends on the jurisdiction what the ultimate outcome will be, but it also depends on whether you are charged with gross vehicular manslaughter (which is a 10 year maximum sentence) or regular (which is a 4 year maximum sentence).

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2 Answers | Asked in DUI / DWI for California on
Q: I was arrested for a DUI in California on July 4th and DMV is still not showing my arrest/suspension.

On the morning of July 4th, I was pulled over and arrested for a DUI (BAC approx. 0.1, also took blood as well). I was released without a jail stay, but was still given a court date and an APS slip, and was told to contact the DMV regarding the details. I forewent a hearing and instead started... Read more »

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Jul 21, 2021

First, you are not in suspension based on the arrest. Your DUI Suspension begins on the 31st day after the arrest so your legal to drive. It will show up when it goes into suspension. If you want an immediate restriction, and this is a first, get the IID installed, sign up for the alcohol education... Read more »

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1 Answer | Asked in Car Accidents and DUI / DWI for California on
Q: After an accident can a cop make me take a blood test after submitting to a breathalyzer at the scene? I wasnt arrested.

This is meant to clarify my previous question which Dale S. Gibow was kind enough to answer. Thank you.

I think his answer told me yes because my breathalyzer was voluntary but i wasnt arrested after doing field sobriety tests and breath test. I apologize for not fully comprehending the answer.

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

If you aren't arrested, there are no legal grounds for requiring a blood test as "implied consent" is triggered upon arrest. If you are arrested, you must consent to a sample of your blood or breath, if you don't the officer can request a search warrant and obtain a sample or... Read more »

2 Answers | Asked in Car Accidents and DUI / DWI for California on
Q: Can an officer make me submit to a blood or urine test after an accident if i passed a breathalyzer in Ca.?

I rear ended a car that was stopped on a dark part of a highway with its lights off in Half Moon Bay (San Mateo county). The other driver just screamed at the top of her lungs until she was in an ambulance. Paramedics told me shes perfectly fine, just in shock. Naturally they suspected i was at... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 3, 2021

the field sobriety tests in California are optional.

the Breath test at the scene is optional.

however, you then have a choice of Breath or Blood, usually at the station or hospital.

California no longer uses Urine testing.

if you refuse that last test, then they can...
Read more »

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: I got a reckless driving ticket in January but I'm not too sure if I should admit to it in court.

I was doing donuts in an empty cul-de-sac next to a dirt lot at 2am, the CHP office was pretty close by which is how the got me because my car was really loud and the only one on the road at the time. After I had my fun I start heading home and drove past the office, I see a cop car waiting for me... Read more »

John Karas
John Karas answered on Jun 28, 2021

The expired tags and no insurance can be added after the fact to the criminal complaint filed by the DA's office but they are infractions and easily correctable ($25 fix it ticket.).

The reckless driving will count 2 points against your record with the DMV just like a DUI....
Read more »

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2 Answers | Asked in DUI / DWI and Cannabis & Marijuana Law for California on
Q: Vc 23215f. The officer smeeled marijauna and with no FST forced a blood test ? Now what?

I answered no questions and with my balance problems sobriety checks make me appear intox so i dod not give them,that evidence. Any advice it would be most helpful

John Karas
John Karas answered on Jun 28, 2021

Hire a skilled and experienced criminal defense attorney.

Drug related DUI's are more difficult for the DA to prosecute because there are no set standards regarding the level of the MJ in your system for a presumption that you were under the influence unlike alcohol related DUI's (.08).

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5 Answers | Asked in DUI / DWI and Employment Law for California on
Q: I am applying for teacher credential and my.dui paperwork shows pled nolo contendere and got probation misd DUI.. put?

Sorry for condensed above. I don't know if I have to put convicted of 23152ab or my plea shows pled not guilty.. nolo contendere. Then shows I was assigned probation. I just want to input everything correctly

Thomas Vinson Nash
Thomas Vinson Nash answered on May 17, 2021

A nolo or no contest plea is the same as a guilty plea for purposes of a criminal court. So you must divulge it. Depending on what County you were convicted in, you would be on either a three year or a five year probation. Most probably you were convicted of either 23152 (a) or 23152 (b), not both.... Read more »

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2 Answers | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for California on
Q: My husband was arriving in 11/18 I hired a lawyer he did not help my husband he wanted him to plea guilty,

What options does he have,he was assaulted by the arresting officer

Dale S. Gribow
Dale S. Gribow answered on May 5, 2021

MUCH MORE INFO NEEDED.

IS 11/18 .......2018?

BECAUSE YOU HIRE A LAWYER DOESN'T MEAN YOU WILL GET OFF FROM THE CHARGES. A LAWYER FORCES THE DA TO MEET THEIR BURDEN OF PROOF. WHETHER THE CLIENT DID THE ACT OR NOT IS NOT THE ISSUE. IT IS WHETHER THERE IS ENOUGH EVIDENCE TO...
Read more »

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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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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 for California on
Q: Is dui a their 2 crime for ihss providers ?
David Michael Lehr
David Michael Lehr answered on Feb 8, 2021

No. Not unless there was a gun involved or an unlawful sexual act.

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2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Felony DUI with designated prior conviction please help need advice??

boyfriend remanded to jail his charges felony driving under the influence of drugs with designated prior conviction misdemeanor possession driving with privilege suspended for prior DUI conviction and misdemeanor possession which one case is a prop 47 which is the possession charge his early... Read more »

David Michael Lehr
David Michael Lehr answered on Feb 6, 2021

It is not your job to be his PD. The pd has years of experience. If you are not trying to hire him private counsel, then just let them do their job.

Ps A felony DUI has mandatory jail and or prison time.

Good luck

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5 Answers | Asked in DUI / DWI for California on
Q: Did I get screwed with my plea bargain deal?

First DUI with BAC .09%. Due to COVID, i never saw my attorney or got the opportunity to appear in court. Questions and concerns often went unanswered and I was often told "don't worry about that right now". I knew I was being offered a plea deal of wet reckless, but wasn't... Read more »

David Michael Lehr
David Michael Lehr answered on Feb 3, 2021

There is only a small difference between a dui and a "wet reckless." Some Counties don't give out what you got. You didn't get a horrible deal, nor a great one.

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3 Answers | Asked in DUI / DWI for California on
Q: DESPERATE NEED pro bono help Sonoma court, I'm in Reno DUI OF rx meds PASSED ALL FIELD TESTS Not allowed Public defense

14 months ago I was WRONGFULLY arrested for DUI of RX medications (under supervision of all DOCS involved) 100% PASSED EVERY field sobriety test performed and was still arrested. I am a 63 yrs old female and a business professional my entire life, mostly for CVS pharmacy, rarely drink or a parking... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 21, 2021

MORE INFO NEEDED

I WOULD GO BACK TO COURT TO REQUEST A PD AGAIN..... I WOULD TALK TO JUDGE AND TO THE PD TO SEE IF THEY CAN HELP.

I SUSPECT YOU DID NOT DO AS WELL AS YOU THINK ON ALL FST'S

EXPLAIN YOU ARE 9 M0'S LATE ON RENT AND CONSIDERING BK AND CAN'T AFFORD...
Read more »

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