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DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Tennessee on
Q: I was arrested for DUI. I was given no field sobriety test or breathalyzer, and there was nothing in my blood.

I was arrested in a Walmart parking lot after someone called 911 thinking I had overdosed. The ambulance came, and wanted to check me out so I let them. After I got out of vehicle the cops were there, and immediately took me to jail on DUI charges. I was given no field sobriety test or a... View More

Anthony M. Avery
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answered on Oct 11, 2023

Do not plead guilty to DUI as it is a decent case. The hospital blood test might help, but the prescribed drug in your system will be used by the DA. It is possible that an objection to its admissibility might be successful. I would be concerned about what you said to the LEOs, and whatever... View More

1 Answer | Asked in DUI / DWI for Iowa on
Q: A friend is loosing her license, but qualifies for a TRL with intoxilock. The install is next week. Can she drive still?
T. Augustus Claus
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answered on Oct 10, 2023

In Iowa, if someone's license is suspended but they qualify for a Temporary Restricted License (TRL) with an ignition interlock device, they should not drive until all TRL requirements are met and they have the TRL in hand. This includes installing the ignition interlock device and obtaining... View More

2 Answers | Asked in DUI / DWI and Car Accidents for Oklahoma on
Q: Totaled my car. No one was harmed. Already spent night in jail. Can't afford law. What happens next

Already had an arraignment. Can't afford lawyer for the next one. What can I do to avoid jail time

T. Augustus Claus
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answered on Oct 9, 2023

In Oklahoma, if you're facing criminal charges and cannot afford a lawyer, you have the right to request a public defender. At your next court appearance, let the judge know that you cannot afford an attorney and request to have one appointed for you. If you qualify financially, a public... View More

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1 Answer | Asked in DUI / DWI for New York on
Q: If I Had a dwi in Florida 31 years ago can I get a gun permit in new york
T. Augustus Claus
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answered on Oct 6, 2023

In New York, a DWI conviction from another state could potentially impact your eligibility for a gun permit, but the decision often depends on various factors. New York is generally strict when it comes to gun permits and will consider character and fitness as part of the evaluation process. A DWI... View More

1 Answer | Asked in DUI / DWI for New Jersey on
Q: SWIM got a DUI after NJSP were dispatched for a med check and saw paraphanalia on his lap when asleep in wawa parkin lot

He was never read his rights, he was not given a field sobriety test, no breathalyzer, nor was he impaired at all. The paraphanalia and CDS charges were both dropped by superior court due to the good samaritan law. At the time he was living in his vehicle and was not driving. The attorney he hired... View More

Michael A. Smolensky
Michael A. Smolensky
answered on Oct 6, 2023

More information is required to know the totality of circumstances and to identify any defenses available to this person. A charge of DWI can be defensible, but the defenses turn on the facts of the individual cases. If this friend is unhappy with the legal advice provided by his present attorney,... View More

1 Answer | Asked in DUI / DWI for New Jersey on
Q: If I was not driving and pulled over because of other circumstances (such as fume smells bad car) 1st offense) charge?

Iwas pulled over due to my judgement..iwas ubereaing all noise ran outta gas in Newark breathing fumes all night got family to get gas to me at 12pm n still overheated again on way back to linden pulled over because was feeling dizzy etc

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 5, 2023

A dwi does not require the police to actually see you drive, it only requires you to have the ability to drive the vehicle. It's crazy but that is the law, its different from the wording of the offense and thus confuses people.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Was pulled over on my own because I was sick from ubering all night broken down and breathing fumes.how am I charged ?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 5, 2023

Unfortunately we would not know the answer for your question, without seeing your tickets, the police report of your case and by having you giving us a fuller explanation of your interaction with the police to have caused them to charge you with an offense.

2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for Georgia on
Q: Are medical bills directed to deceased victim resulting from head on auto accident consider restitution ?

How about if some medical bills were paid by the deceased's group health policy and/or a portion forgiven by the hospital?

James Clifton
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James Clifton
answered on Oct 12, 2023

Restitution includes any expenses that result directly from the crime. Medical bills are definitely recoverable. If automobile insurance does not cover the losses, you should discuss other possible avenues to recoup the damages from the loss of a loved one. Schedule a free consultation to make sure... View More

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1 Answer | Asked in DUI / DWI for Georgia on
Q: If you get pulled over and charged with a DUI of Suboxone plus a meth pipe but no drugs and a speeding ticket
Joshua Schiffer
Joshua Schiffer
answered on Oct 2, 2023

SUPER crappy of the cops to do that, but it IS possible. You need to get a LOCAL lawyer and fight this, as thats BS. They should be happy someone is addressing their substance issues.

Please fight this!

1 Answer | Asked in DUI / DWI for Arizona on
Q: what should a person do if they was arrested booked charged with a DUI and driving licence was suspended but had been

allowed to get the back and their no DUI on record after two weeks

Matthew Maerowitz
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Matthew Maerowitz
answered on Oct 2, 2023

Based on what you wrote, the admin per se Order of Suspension likely has not been filed yet and it is not uncommon for this to take 2 weeks or more from the arrest to get filed and processed with ADOT. You also have a limited window of requesting a hearing on the suspension. You should consult a... View More

1 Answer | Asked in DUI / DWI and Traffic Tickets for Georgia on
Q: I was pulled over for speeding and got charged with a DUI because of my Suboxone what would be the mandatory sentencing

also had a meth pipe on me but did not have any meth on me

Glenn T. Stern
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answered on Oct 1, 2023

DUI is a misdemeanor, so the maximum punishment is 12 months in jail and a $1,000 fine. However, it's rare that anyone is sentenced to the maximum. Most places sentence first-time DUI offenders to between 24 and 72 hours in custody, a fine that totals around $600 (which becomes about double... View More

1 Answer | Asked in DUI / DWI for California on
Q: Is there any action I can take? Privacy issue

I was recently arrested for misdemeanor dui, and released the same day. The next day a lawyer sent an email addressed to me talking about his services, but the email address he sent it to is not mine. It happens to be an immediate family member. This has caused a drift within my family. They... View More

James L. Arrasmith
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answered on Sep 28, 2023

If you believe that your privacy has been violated due to the disclosure of your misdemeanor DUI arrest to a family member by the lawyer, you may want to consult with an attorney to explore potential legal remedies. In California, there are laws that protect individuals' privacy rights, and... View More

2 Answers | Asked in DUI / DWI for South Carolina on
Q: can breath results not be admissible if longer than 2 hours
T. Augustus Claus
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answered on Sep 26, 2023

In South Carolina, the admissibility of breath test results in DUI cases can depend on various factors, including the timing of the test. Although there may not be a strict "two-hour rule," the longer the time between the alleged offense and the test, the more room there is for... View More

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1 Answer | Asked in DUI / DWI for Kentucky on
Q: Will a dui stick if the cops came and got me out of bed 30 minutes after I got home, with no keys on the vehicle?

My wife went to town and someone called my truck in for swerving, this was 30 minutes after she got home, we were in bed, there were no keys in anything. The police said they had a report of that truck swerving 30 minutes before. My wife said she went to town, but we were already laying down in the... View More

Timothy Denison
Timothy Denison
answered on Sep 26, 2023

You may possibly have a winning case on your hands.

1 Answer | Asked in Criminal Law, DUI / DWI and Legal Malpractice for Oklahoma on
Q: Could my record be expunged early if my lawyer was arrested and surrendered his license?

State of Oklahoma

Lawyer didn’t adequately communicate, failed to appear in court, and failed to perform work for fees charged.

4 client complaint

Arrested in 2006 as well

T. Augustus Claus
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answered on Sep 20, 2023

In Oklahoma, the eligibility for expungement of a criminal record is based primarily on the specifics of your case, the type of offense, and the time that has passed since the conclusion of the sentence or probation. The misconduct of your attorney, while a significant concern, does not... View More

1 Answer | Asked in DUI / DWI for Kentucky on
Q: husband arrested for a DUI, is diabetic and was not intoxicated. based on field test. What should we do.

he was not read his rights, but because his pupil were dilated and he has a lazy eye, his balance was off because he has a bad hip from childbirth, and get confused when nervous they charged him with a dui and arrested him. He does not drink, smoke or do any kind of recreational drugs.

Timothy Denison
Timothy Denison
answered on Sep 20, 2023

Hire a criminal defense lawyer immediately. If he was not intoxicated, you may have a winning case.

1 Answer | Asked in DUI / DWI and Civil Rights for Illinois on
Q: Can my dui case be dismissed for want of prosecution after I already plead guilty an paid fines in full?

They can't find any record or incident report for my case at all. No officer sworn report either.

Can I get my fine money back and reimbursed for my vehicle they auctioned off as well?

Theodore J. Harvatin
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answered on Sep 16, 2023

You pled guilty and paid the fines, so there is no want of prosecution. The state has fully prosecuted the case to a guilty plea and collected its fine. I am not seeing this as a viable course of action. If being ability to produce the documents is creating some other sort of hardship, you might... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: Can I remove someone else's interlock from my car? Their name is no longer on the title

My ex did not follow up with the calibration of the device, and will not complete the steps to have it removed from the vehicle. However their name is no longer associated, in any way, to the vehicle. I am making the payments on this truck, and can not even start it because the device has been... View More

John Cucci Jr.
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answered on Sep 16, 2023

You can remove the interlock. I would send the bill to my Ex.

You have no obligations to him or the court. Therefore, you can remove the device from YOUR vehicle.

Your Ex needs to update the court and/or the probation department about his vehicle status.

I hope this helps.

Good luck!

1 Answer | Asked in DUI / DWI for Texas on
Q: I’m charged with a dwi in Texas. How do I get a new judge? This judge is unreasonable. Even my attorney says so!

Texas criminal law

T. Augustus Claus
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answered on Sep 15, 2023

In Texas, changing a judge in a criminal case is a complex process that typically requires valid legal reasons, such as a conflict of interest, bias, or the appearance of impropriety by the judge. If you believe you have legitimate grounds for a judge change, consult with your attorney, who can... View More

2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Kentucky on
Q: Do I have to be read my Miranda rights before I'm arrested and handcuffed in Kentucky
T. Augustus Claus
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answered on Sep 13, 2023

In Kentucky, the reading of Miranda rights is generally associated with custodial interrogations, not the act of being arrested or handcuffed. Law enforcement officers are required to provide Miranda warnings when a person is in custody and subject to questioning. These warnings include the right... View More

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