Lawyers, Answer Questions  & Get Points Log In
California DUI / DWI Questions & Answers
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 »

View More Answers

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!

View More Answers

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.

View More Answers

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.

View More Answers

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.

View More Answers

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

View More Answers

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.

View More Answers

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 »

View More Answers

4 Answers | Asked in DUI / DWI for California on
Q: Can a lawyer get my hospital and morgue class dismissed since they were delayed and I'm now out of state due to COVID19?

I was convicted of a DUI in May of 2019 and I've already completed my alcohol classes, my community service, MADD, paid all my fines, and had a restricted license and a breathalyzer for 6 months so now the DMV reinstated my full license. The only thing I have left to complete is my Hospital... Read more »

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Jan 7, 2021

Yes. You may make a motion to the court to modify your sentence.

View More Answers

3 Answers | Asked in DUI / DWI for California on
Q: I was arrested for DUI's and my blood test was left on the dumpster at the hospital the officer had to go back and

Can this be thrown out .

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Jan 5, 2021

If that actually happened, they would lack any realistic chain of custody and certainly would assist your attorney in having any result excluded. However, there are other ways of proving you had too much to drink. Best to hire an experienced DUI trial lawyer to assist you.

View More Answers

3 Answers | Asked in DUI / DWI for California on
Q: How can a person sue the dmv? (Asking for a friend) Pulled over on suspected dui Breath scored .039 & .037 Blood .02.

Administrative hearing found her guilty of denying chemical test even though she did not refuse urinalysis. PD stated "they were not set up for that"

DL suspended for 1 year

No court date set by DA

David Michael Lehr
David Michael Lehr answered on Jan 1, 2021

In general, no. The PD cannot handle DMV hearings, at least typically they don't. The DMV rules based on the police reports. It looks like

View More Answers

3 Answers | Asked in DUI / DWI for California on
Q: I was arrested for DUI and was held in jail for 72 hrs without seeing a judge do they have to drop charges for violating
Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Dec 30, 2020

No. Unfortunately, they don't need to drop the charges.

View More Answers

2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Hello my name is Latrise I am looking for a pro bono lawyer for my fiance.

He was sentenced to 9 yrs for DUI with gbi .he was not offered an rehabilitation or a recovery home. if there is any pro Bono lawyer that's taking new cases

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 10, 2020

If your fiancé was convicted after trial, or after a guilty plea, then he has as a matter of right the ability to file an appeal within 60-days of the date of judgment. If he cannot afford an attorney, he will have an attorney appointed at no cost.

View More Answers

1 Answer | Asked in DUI / DWI for California on
Q: I got a DUI 17 years ago before I had a license. Had a valid license for the last 14 years and they just suspended me.

I got a DUI 17 years ago (3/04) in California BEFORE I had a license. I served prison time on a unrelated charge. I paroled in 2007 and completely changed my life. I went to DMV and got a license when I paroled. Ever since then I have never had a problem renewing my license until this last time.... Read more »

David Michael Lehr
David Michael Lehr answered on Dec 6, 2020

Many alcohol schools are online now. Ask them if you can speed up the classes. 4xweek? 5xweek?

3 Answers | Asked in DUI / DWI for California on
Q: Can a truck be towed on private property after arrest of dui. Car was parked, car wasn’t on. No keys in ignition.

Person was arrested for dui, trucked parked on private property. Person wasn’t caught driving. Sitting in his truck at liquor store. Now tow is $500 today .

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Nov 21, 2020

Generally, parking lots (while being privately owned) are deemed "public" and are subject to enforcement of laws as any public area. While the officers could have left your legally parked car alone, they also have the authority to tow it, and your case, they did.

View More Answers

3 Answers | Asked in DUI / DWI for California on
Q: What are the charges for accidentally killing someone while drunk driving?
Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Nov 16, 2020

Depends. Could be manslaughter or could be 2nd degree murder.

View More Answers

5 Answers | Asked in DUI / DWI for California on
Q: What is Max prison time if convicted of a drunk driving w/ great bodily harm charge?

How early can you get out of prison on this charge if you have good behavior?

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Nov 16, 2020

It's not how early, it's how long. One person could be 6 years. Plus any other charges. But in theory, with a good lawyer and facts, you could avoid any prison time.

View More Answers

2 Answers | Asked in Car Accidents and DUI / DWI for California on
Q: A person is drinking and accidentally hits another person and puts that person in a coma, what are the charges?

Person in coma lives, wakes up.

Driver has a previous DUI charge.

Takes place in Los Angeles, California.

(*Note: this is research for a novel)

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Nov 16, 2020

Generally 23153 w GBI but that assumes intoxication, not just drinking. May be other charges too.

View More Answers

4 Answers | Asked in DUI / DWI for California on
Q: dui help

.

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Nov 16, 2020

It's very unlikely. If contacted you should not answer any questions without an attorney present. But I wouldn't worry about it currently. Supplying alcohol to a minor and consuming alcohol as a minor are both crimes. Be careful heading down that path.

View More Answers

1 Answer | Asked in DUI / DWI for California on
Q: What Is court procedures in ca. Court
Dale S. Gribow
Dale S. Gribow answered on Nov 1, 2020

MY LEGAL COLUMN FOR OUR LOCAL PAPER FOR JULY 22, 2020

IF YOU DRINK AND DRIVE

If you did not heed my warning to not drink and drive and take a Taxi or Uber and you got a DUI then you need to know the following:

A DUI in California kicks in two sets of...
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.