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DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI and Car Accidents for Kentucky on
Q: My brother has a public defender he is currently in jail been 67 days under a 100,000 dollar cash bond

has not been to grand jury yet what should I do to get him released he has never been in trouble before this situation

Leland Hulbert
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Leland Hulbert
answered on Dec 6, 2023

Being in jail 67 days does not trigger any automatic release. He has to have been in jail more than 60 days from the day his Case left district court and went to the Commonwealth attorneys office for review. If you believe that is happened, I would hire a private attorney to follow motion... View More

1 Answer | Asked in DUI / DWI for Kentucky on
Q: My boyfriend is in custody today makes 67 days not yet indited 100000 dollar bond what should I do
Timothy Denison
Timothy Denison
answered on Dec 6, 2023

Have his lawyer make a motion for release from custody under the 60 day rule.

1 Answer | Asked in DUI / DWI, Civil Rights, Constitutional Law and Gov & Administrative Law for Arkansas on
Q: I was charged for dwi years ago walking back to a vehicle with a gas can of gas for a friend who was driving wasI becaI'
James L. Arrasmith
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answered on Nov 29, 2023

In Arkansas, as in many states, a DWI (Driving While Intoxicated) charge typically requires evidence that you were operating or in actual physical control of a vehicle while under the influence. If you were merely walking to a vehicle with a gas can, this alone does not typically constitute... View More

3 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: In California how far back does a live screen background check go?

I have 2 misdemeanors and a dui was wondering how far back a live scan goes because I want to become a CNA and they require a live scan before enrollment.

Bart Kaspero
Bart Kaspero
answered on Nov 27, 2023

For any license or credential given by an agency in CA, any livescan will pull up a person's entire criminal history as it is stored in the DOJ repository. However, agencies prefer to see cases that have been expunged or sealed for dozens of reasons. If the 2 misdemeanors and DUI you have in... View More

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1 Answer | Asked in DUI / DWI and Traffic Tickets for Alabama on
Q: I got attempt to elude and tamp with evidenced do I need a lawyer
T. Augustus Claus
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answered on Nov 22, 2023

Yes, you need a lawyer if you are charged with attempting to elude and tampering with evidence. These are serious charges that can have significant consequences, including jail time, fines, and a suspended driver's license.

2 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: My husband is on parole this is Parole officer have every right to search me even though I'm not
T. Augustus Claus
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answered on Nov 21, 2023

The parole officer cannot search you in a way that is unreasonable or excessive. For example, they cannot strip-search you or search your private areas. They also cannot search you without your consent unless they reasonably suspect you are hiding something illegal.

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1 Answer | Asked in Car Accidents and DUI / DWI for Illinois on
Q: In an aggravated DUI, will the driver still get a felony if the victim was also under the influence?

They want to drop it to a misdemeanor since my son was also drinking. He lost his leg, broke his neck, back and shattered his spleen.

Theodore J. Harvatin
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answered on Nov 12, 2023

Your question is unclear. I can’t tell who is being charged, you, your son, or someone else? I’m not even sure who was driving. But in any event, if someone is charged with drunk, driving in an accident in which someone suffers “great bodily harm“ it can be charged with a felony regardless... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Ohio on
Q: What if you are sent to the wrong county, for which the offense occurred?

I was pulled over for minor traffic offenses and charged with a ovi. It happened in a town with multiple countys. The cop put the wrong county on my ticket and then the mayors court judge asked me what county it was in so I said what's on the ticket, knowing it was definitely the other county.

Roger  Bouchard
Roger Bouchard
answered on Nov 11, 2023

Retain an attorney and have them try to have it dismissed. They have to prove you were in the County on the ticket when you received the DUI. They are not able to if you are correct.

Good luck!

1 Answer | Asked in DUI / DWI for Colorado on
Q: Whats the bac for this 0.202 ± 0.010 g/100 mL
T. Augustus Claus
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answered on Nov 7, 2023

A blood alcohol content (BAC) of 0.202 ± 0.010 g/100 mL is considered a high level of intoxication in Colorado. The legal limit for driving under the influence (DUI) in Colorado is 0.08% BAC. A BAC of 0.202 ± 0.010 g/100 mL is more than twice the legal limit, and you will likely be arrested and... View More

1 Answer | Asked in DUI / DWI for Missouri on
Q: Do I still need to complete satop since 7 years has passed since I had a DUI

Also I got a paper saying I got a DWI in Tennessee peior to the DUI and I never have been there in my life. What should I do about that

Steve D. Hardin
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Steve D. Hardin
answered on Nov 6, 2023

Missouri yes you have to do SATOP and everything else to have Missouri remove its hold on your drivers license.

Tennessee you need an attorney in Tennessee to to check in on that DWI case.

1 Answer | Asked in DUI / DWI for Arizona on
Q: I have been charged with a misdemeanor dui in Arizona I am moving out of state what can I do?

I was a resident of Missouri not Arizona during the time of my arrest and had a valid Missouri drivers license as well as Missouri registration insurance and tags and the officer suspended my Arizona license and the court failed to serve me with my court date

Matthew Maerowitz
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Matthew Maerowitz
answered on Nov 6, 2023

You will need to handle the DUI in AZ and should consult a DUI lawyer immediately. If the court was unable to serve you, then the Court likely issued a warrant for you arrest. Many lawyers offer free consultations. If you cannot afford a lawyer, one will be appointed to you because DUI in... View More

1 Answer | Asked in DUI / DWI for New York on
Q: I received a DUI I have done everything that is being required, the counselor I went to thinks that because of a lot of

Things that have happened in the past couple years my 2 best friends died ,lost and got a new job, had a friend/ex boyfriend die in front of me and I did CPR on him that they want to continue counseling alcohol and mental. I am ok with mental health help but I have never had issues with DWI or... View More

James L. Arrasmith
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answered on Nov 4, 2023

In New York, the requirements for reinstating your license after a DUI typically include completion of a state-approved impaired driver program and any recommended treatment. If your counselor has recommended continued alcohol and mental health counseling, it's important to understand whether... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Illinois on
Q: Will my boyfriend go to jail?

So, basically, he went to jail once for not complying with the conditions of his probation. He was bonded out, and a petition to revoke probation was added to his case. He was told that it would be dropped if he completed these courses - he did not, and his case was continued twice. Well, at this... View More

James L. Arrasmith
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answered on Oct 28, 2023

Your boyfriend's situation is complex, and while he has now completed the class, the timing is not ideal. Judges often look for compliance with court orders and probation conditions. His failure to initially comply and the continuances could be seen negatively. However, completing the class... View More

1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: I surrender on 10/30 for a 15-day sentence. Judge converted my community labor & fees into jail time.

1st time offender, misdemeanor DUI. Completed the 9-month program, M.A.D.D., & paid restitution. Due to my job, finances, and not having a car I haven't been able to complete labor. I asked the judge to convert my fees & labor to jail. How much time do you think I will serve in LA County Jail?

James L. Arrasmith
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answered on Oct 21, 2023

In Los Angeles County, inmates serving time for misdemeanor offenses typically do not serve their full sentence due to jail overcrowding and other factors. The actual time served can vary, but often, inmates might serve as little as 10% to 20% of their sentence. Given you've been sentenced to... View More

1 Answer | Asked in DUI / DWI for Virginia on
Q: Does a misdemeanor DUI conviction qualify a person as being an addict or unlawful user?

The Firearms Purchase Elligibility Test on the Virgina State Police website states that: A person who answers “yes” to any of the below questions may be prohibited from purchasing or possessing a firearm pursuant to state and/or federal law.........Are you an unlawful user of, or addicted to,... View More

David G. Parker
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answered on Oct 18, 2023

A DUI conviction alone should not flag you as such a person, as alcohol use by adults 21 years of age or older is not inherently illegal. The gravamen of a DUI offense is impaired driving, not the drinking itself. A DUI also does not necessarily indicate an addiction. Furthermore, alcohol is not... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: I had a license suspended for a dui. How long should I wait to try and get it reinstated.
T. Augustus Claus
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answered on Oct 17, 2023

You should try to get your license reinstated after you have met all of the requirements for reinstatement and feel ready to drive again and for personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

1 Answer | Asked in DUI / DWI for Texas on
Q: How long after a dui should I try and get my license reinstated?
T. Augustus Claus
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answered on Oct 17, 2023

You should try to get your license reinstated after you have met all of the requirements for reinstatement and feel ready to drive again. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

1 Answer | Asked in DUI / DWI for Georgia on
Q: My cousin in Georgia got a second DUI while the first case was pending. How will the matter proceed procedurally.

So my cousin got arrested very late last Sunday night. He was charged with DUI (his first), DC and trespassing (he walked into a random house after driving there). He was released on bond. The Gwinnett County docket only has Pre-filed charges for DC and trespassing. A couple days later, he passed... View More

Ryan Langlois
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Ryan Langlois
answered on Oct 17, 2023

The maximum punishment that anyone in Georgia can receive for any misdemeanor is a year in jail and a $1,000.00 fine for each charge, if they were to run consecutively. I would agree that your cousin needs to speak with a local attorney, as outcomes, especially regarding DUIs vary from county to... View More

1 Answer | Asked in DUI / DWI for Iowa on
Q: Do you need to be present at a DUI hearing?

None

T. Augustus Claus
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answered on Oct 16, 2023

Whether or not you need to be present at a DUI hearing in Iowa depends on the type of hearing.

Preliminary hearing: You are not required to be present.

Arraignment: You are required to be present.

Trial: You are required to be present.

For personalized legal...
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1 Answer | Asked in DUI / DWI, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Montana on
Q: They're trying to charge me for a third DUI. The call was made to the dispatch from a guy who was selling us a truck

They took parts off the distributor cap so we can keep it running to move it. I went to go get gas and on my way back I was sitting at the light with a car in front of me and a car behind me. The cop turn onto the street from the light seeing me and immediately makes a u-turn almost wrecking the... View More

James L. Arrasmith
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answered on Oct 15, 2023

If you believe your rights have been violated during the arrest or subsequent legal proceedings, it's essential to discuss your concerns with your attorney and consider seeking a second opinion if necessary. Your attorney should work diligently to protect your rights and provide the best... View More

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