Lawyers, Answer Questions  & Get Points Log In
DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: Hello. My husband has been charged with dui x3 felony evading arrest what could be his punishment in tn
Cayley Turrin
Cayley Turrin answered on Feb 17, 2020

On the DUI 3rd alone it is 120 days in jail at 100%. I highly suggest you get him an attorney immediately.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: If someone got a dui and had their license taken from them about 20 years ago, would they be able to get it back?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 13, 2020

Yes if they completed the terms of their probation.

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: Formal Charge sheet signed by the P.A .states I was O.W.I. while on a road I was never on. Can this help me?

State of Indiana, Formal Charge Forms presented with discovery packet at my initial hearing where I plead NOT GUILTY. Form is signed by the Prosecuting attorney. I was on the Highway and the charges read against me stated that I was operating a vehicle under the Influence of Alcohol on a County... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Feb 13, 2020

It might; you should consult with an experienced traffic attorney to see if the discrepancy and any other effect the case.

1 Answer | Asked in DUI / DWI for Arizona on
Q: DMV hearing, which BAC reading will be used?

For the purposes of a DMV hearing to determine if my BAC was 0.080 or greater, my two readings (Intoxilyzer 8000) were 0.080 (equal to) and 0.077 (less than). Is the administrative judge required to use the lower, average or higher value in that determination?

Zachary Divelbiss
Zachary Divelbiss answered on Feb 10, 2020

The Administrative Law Judge is not required to go with the lower or higher BAC only, as they will take both into consideration. I do not know the specifics of your case and recommend you contact me directly if you want more help at 602-900-6642.

In most MVD hearings the judge is looking...
Read more »

2 Answers | Asked in Criminal Law, DUI / DWI and Domestic Violence for California on
Q: I have a warrant out from county A but am going to be sentenced to do time in county B should I tell county A?

I have COURT for county A before I Attend county B for sentencing.

Dale S. Gribow
Dale S. Gribow answered on Feb 10, 2020

more info needed

be careful posting on a site like this that is open to anyone.

you obviously have a lawyer, either private or court-appointed, ask your lawyer who will have all the info in front of them.

View More Answers

3 Answers | Asked in DUI / DWI for California on
Q: Can DUI charges be based off accusations from two eye witnesses after an accident w/ no police involvement?

Here is the scenario in question:

Person A rear ended Person B going maybe 15 mph, no damage to person b car (only person a car sustained damage), person b accused person a of being intoxicated, then another person (person c) who saw it said they would act as a witness for Person B. Person... Read more »

Jean Richardson
Jean Richardson answered on Feb 8, 2020

For someone to be charged with a DUI, law enforcement has to be involved. Eye witnesses can always testify to their observations and whether they smell alcohol or not. LEO must conduct investigation. For instance the responding officer or DUI unit would request field sobriety exercises and breath... Read more »

View More Answers

1 Answer | Asked in DUI / DWI for California on
Q: Daughter got DUI, BA = 0.24. No one else involved. She's broke. Advice on getting time payments and community service

She crashed into a signpost, no injuries. Question refers to time payments on fine and community service instead of jail time.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Feb 7, 2020

If she wants to settle her case she should still contact a local DUI defense attorney. A lawyer can help reduce the punishment and negotiate the terms for performance, if she qualifies a Public Defender may also be able to help her.

2 Answers | Asked in DUI / DWI for Virginia on
Q: I failed a drug test during ASAP- was not told or called back to court. found out months later during call to asap .

found out when i called to get proof I had taken course to take to DMV. When I took VASAP, had no permanent addy and was living with various friends - no car, and no phone. Found out later someone called my dad to say there was a finding (I was 25 at time)- and asked him to have me call them.... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Feb 7, 2020

You just need to own up to it and if there is something outstanding get it taken care of. Hire a lawyer to go with you if possible and let them deal with getting you the best outcome possible. Good luck.

View More Answers

1 Answer | Asked in DUI / DWI and Immigration Law for Washington on
Q: I have two DUIs and one of them is pending. Can I apply for US citizenship?
Ms Grace I Gardiner
Ms Grace I Gardiner answered on Feb 6, 2020

I suggest you do not. Wait at least five years after the most recent DUI is settled. Speak with a criminal law attorney and see if it is possible to amend it to something else. It is possible that two dui can affect your status so arrange a consultation with an immigration attorney in your area

2 Answers | Asked in DUI / DWI for California on
Q: DUI Five way collision

Hello,

I was in a five way collision, and I was third in line. The person I hit, 2nd car, was driving under the influence and was arrested. Technically he's at fault correct? I got a mail recently where his insurance is asking for payment.. I have insurance as well, will my insurance go... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Feb 5, 2020

You rear-ended another driver and they're at fault? I don't think so. You might check with a personal injury lawyer, my experience has been that the driver of the car in back is at fault for following closer than was safe, regardless of the driver in front's sobriety.

View More Answers

1 Answer | Asked in DUI / DWI for Florida on
Q: Is it possible to write the judge a letter pleading my case in DUI, I have a public defender who has not been helpful
Jean Richardson
Jean Richardson answered on Feb 5, 2020

You can always write to the Judge, but be careful because there is no attorney/client privilege between you and the Judge. In other words, you might be incriminating yourself. I suggest you speak to your attorney or request another Public Defender if you cannot afford to hire a private attorney.... Read more »

3 Answers | Asked in Criminal Law and DUI / DWI for Georgia on
Q: My daughter of was charged with a dui, failure to maintain Lane and motor vehicle theft. Are these charges correct?

In the state of Georgia. My daughter was under the influence of drugs, she went to a friend's house to get help. No one was at home. She went up to one of his vehicles that was unlocked and sat in it for a while. She realized the keys were in the car so she started the car and went to drive off,... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 5, 2020

The statute code that could apply for the vehicle is OCGA 16-8-2, Theft by taking. It is best to contact an attorney as soon as feasible who can assist you with the specifics of your case and craft an appropriate and tailored defense.

We are glad to assist you. Contact us whenever you are...
Read more »

View More Answers

1 Answer | Asked in Criminal Law, DUI / DWI, Federal Crimes and Juvenile Law for Oklahoma on
Q: If my first DUI was on my juvenile record, will my second DUI be a felony?

One of my friends got his 3rd DUI about 2 weeks ago. He has two previous misdemeanor DUI’s on his juvenile record. He was ordered to go to victims impact classes and to attend AA after he completed a year long rehab. He hasn’t completed all of his classes and is behind on court/probation... Read more »

Brian Boeheim
Brian Boeheim answered on Feb 4, 2020

Aggravated DUI is always considered a felony. It is based on a blood alcohol level of over .15. The key to to fight the breath test or the blood test. This is complex, but if done right can save you a great deal of heartache and money. If it is in or around Tulsa, give us a call and we can... Read more »

3 Answers | Asked in DUI / DWI for Illinois on
Q: How long does a substance abuse/dui evaluation stay good. I had one 8 months ago and haven't started classes yet.

Will I need to have another evaluation done?

Theodore J. Harvatin
Theodore J. Harvatin answered on Feb 4, 2020

If you are asking about an evaluation for a SOS hearing, it's six months. You want to do your classes first not only to make sure your update is current but also to incorporate any new information after completing classes.

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and DUI / DWI for New York on
Q: I was recently charged with a DWI. Breathalyzer concluded that my BAC was 0.03, I was then brought to the police HQ .

When I was brought back to the police headquarters the officer instructed me to look at the wall. NOTE: I was not given a clear and unequivocal warning that a chemical test was being performed and the consequences of not performing the test.

With that said, I replied to him, "look at the... Read more »

Michael Arbeit
Michael Arbeit answered on Feb 4, 2020

When did the arrest happen and where? Did you go to the Refusal hearing? You need to retain an experienced criminal defense attorney for proper representation.

2 Answers | Asked in Criminal Law and DUI / DWI for Maine on
Q: I'm looking for a lawyer to appear in court for me tomorrow at 830 in machias maine for an oui. Any suggestions?
William T. Bly Esq
William T. Bly Esq answered on Feb 3, 2020

Asking someone to appear for you and looking for suggestions sounds like you're shooting in the dark. And this is a last minute "ask". My suggestion is that you make serious inquiries about retaining the best attorney that you can, and if that person can appear for you, that's a bonus. If you... Read more »

View More Answers

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can you get in trouble for being a passenger and consuming liquor in a car
Anthony M. Avery
Anthony M. Avery answered on Jan 30, 2020

Yes. Open alcohol beverage, Public Intoxication, etc.

1 Answer | Asked in DUI / DWI for Florida on
Q: Is it possible to write the judge a letter pleading my case in DUI, I have a public defender who has not been helpful
Jonathan Blecher
Jonathan Blecher answered on Jan 30, 2020

That's not how trials work. Evidence has to be presented in court, with both sides (State and Defense) given an opportunity to cross-examine witnesses. If you have an attorney, the judge will simply pass along the letter to that lawyer. If you insist on this, be careful what you write.

3 Answers | Asked in DUI / DWI for Illinois on
Q: I refused a chemical test for a DUI stop. Now I have an obstruction of justice charge. What do I do?

I was pulled over for speeding about a half a mile from my house. I was trying to get home to use the bathroom. When I pulled into my driveway the officer said he smelled alcohol and that I appeared under the influence. I was placed under arrest. I refused a breathalyzer and a FST. I was taken into... Read more »

Theodore J. Harvatin
Theodore J. Harvatin answered on Jan 30, 2020

Get a lawyer. By law you are entitled to refuse.

View More Answers

2 Answers | Asked in DUI / DWI for Virginia on
Q: Hello! I have 3 FUIs and it's been 6 years. The judge in my county is harsh. Can I move and petition another one?

3 DUIs 6 years ago. Judge in Albemarle won't reinstate me. Army/Iraq veteran! I already petitioned and did pretrial with VASAP. Judge said no but that I could reset the docket as she didn't even know I'd be there that day.

Susan Fremit
Susan Fremit answered on Jan 30, 2020

I am not certain what you are trying to say. Is the issue getting your driving privileges reinstated? If so, you should hire a local experienced criminal defense attorney to help you. The first step is to comply with ASAP's requirements regarding getting your privileges reinstated. Usually,... 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.