Lawyers, Answer Questions  & Get Points Log In
DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Minnesota on
Q: My fiancé was charged in Minnesota for a DUI almost a year ago, it will be 1 year next month. They are now telling him

They are now telling him he was never booked or fingerprinted. Can he fight that? Or does he have to comply and go in since it was their mess up and he was technically never arrested for the crime.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 24, 2021

Getting booked and fingerprinted is a requirement when someone is charged with a DWI. I’m guessing that didn’t happen because of the pandemic. So he will need to go through the process. It doesn’t take long and he won’t have to spend any time in jail.

1 Answer | Asked in DUI / DWI for New Hampshire on
Q: if i have an intoxalock in my vehicle, am i allowed to drive work vehicles if they have samsara camera units in them?

the samsara has in vehicle cameras as well as watches seatbelt use,speed,following distance etc.

Leonard D. Harden
Leonard D. Harden answered on Aug 23, 2021

If you are required to have an interlock device installed then it must be there or you can be charged with

265-A:37 Alcohol Ignition Interlock Circumvention. –

I. Any person required by the court or by the commissioner of safety after a hearing pursuant to RSA 265-A:36-a to...
Read more »

1 Answer | Asked in DUI / DWI for Ohio on
Q: i was convicted incrcerated 30 days for dui lost my ssi i thout it had to be over 30 days
Anthony Kozycki
Anthony Kozycki answered on Aug 19, 2021

I'm not sure what your question is. If you have questions regarding SSI, it would be better to contact an attorney that specializes in that field.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Can someone be arrested for DUI on private property?

Refuses blood test and Field sobriety test

Anthony Kozycki
Anthony Kozycki answered on Aug 19, 2021

Yes, they can absolutely be charged. However, the real question will be whether they will be convicted. It sounds like you may have a strong case. I would recommend you contact a criminal defense attorney to discuss your options.

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...
Read more »

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 »

View More Answers

1 Answer | Asked in DUI / DWI, Traffic Tickets and Car Accidents for New York on
Q: Hello, if I am pulling out from stop sign to a main road with "two-way left turn" to turn left.

Where do I have to turn? To the "two-way left turn lane" or normal lane? New York State

Tim Akpinar
Tim Akpinar answered on Aug 7, 2021

Below, I've pasted a link to the NYS DMV page that outlines a number of different left turn scenarios. The resource covers left turns from one-way to one-way, one-way to two-way, two-way to two-way, two-way to one-way, and two-way to four-lane highway. I hope it helps. Good luck

Read more »

1 Answer | Asked in DUI / DWI for Maryland on
Q: Is DWI in Maryland a criminal offense in addition to being a traffic violation?
Mark Oakley
Mark Oakley answered on Aug 4, 2021

All traffic violations that carry the possibility of jail are misdemeanors (a few are felonies) and will appear as arrests and their dispositions will be reported in the FBI national criminal database for purposes of criminal background record checks. So, although they are generally prosecuted on a... Read more »

1 Answer | Asked in DUI / DWI for Florida on
Q: What if public defender did nothing at all for my case,case, was not able to see any evidence state has,?

I was not even able to submit evidence,p.d. said to late in the game,when I had been insisting from day one. I was arrested for d.u.i last August 10,2020,still have not been to trial,had nelson hearing,lost,p.d. lied saying I was not able to see evidence due to a technical issue on my part,What,?... Read more »

Kevin John Mawn
Kevin John Mawn answered on Aug 4, 2021

Your facts suggest that there may be a problem other than your representation. Since you have not been to trial, you are still able to submit evidence at your trial. The fact that you were denied relief by the court indicates the PD was not ineffective as you were suggesting. You took the right... Read more »

1 Answer | Asked in DUI / DWI for Alabama on
Q: Can ALEA overide a judges order

I received a DUI almost 10 years ago to the day that I received a second DUI I went before the judge my lawyer said it was best to plead guilty (court appointed) I did. I did everything I was ordered to do no infractions what so ever and had a Interlock device in my car until it was deemed... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 3, 2021

Can you clarify your question? What do you mean by ALEA overriding the judges order? Are you referring to them removing a restriction from your license or have they indicated they believe you still require a interlock device regardless of the judges order?

If the judges order for use of the...
Read more »

2 Answers | Asked in DUI / DWI and Cannabis & Marijuana Law for Alabama on
Q: My car was impounded in a residential parking lot parked, and the person that was sitting in the car was arrested.

He was “ high” and the keys was in reach of the person sitting. So they impounded my vehicle because he sitting in it this is in Tuscumbia, Alabama

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 3, 2021

I am not sure exactly what your question is, if you reply and clarify I would be glad to answer. I assume your question is about how to get your car back. If you know which law enforcement agency impounded the vehicle you can call and see if they will give you release instructions. If you do not... Read more »

View More Answers

2 Answers | Asked in DUI / DWI for Illinois on
Q: State of Illinois sends letter to get breathalyzer and work exempt do I do it or let lawyer handle it

For dui case state says I have 14 days to respond to get a blow machine and get a work permit I don’t have court for 2 more weeks or ignore the letters and let my lawyer take care of it just don’t want to hurt myself

Dan Nold
Dan Nold answered on Aug 2, 2021

You should be asking your lawyer this question. I usually advise people to send in the application and then review the evidence before paying for the device. But every case is different. You should really hire a lawyer if you have a pending DUI charge.

View More Answers

1 Answer | Asked in DUI / DWI, Employment Law, Estate Planning and Real Estate Law for Virginia on
Q: What comes out in discovery during a lawsuit?
Richard Sternberg
Richard Sternberg answered on Aug 1, 2021

The answers to the interrogatories asked, the documents subject to a document request, the admissions that the parties make in response to requests, the oral answers to depositions of parties and witnesses, and the documents and things that are sought to be examined. What those things are is... Read more »

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



View More Answers

2 Answers | Asked in DUI / DWI for Tennessee on
Q: I was arrested under suspicion of DUI while sitting in the back seat of my car at a hotel. What can be done to help me?

No field sobriety tests, or breathalyzer was taken

Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2021

Hire a competent attorney now. TN has always held if you are capable of driving, whether you physically are or not, then DUI can be charged. If you had any intoxicants in your system, then what you did was a crime. But the State still has to prove it and without a chemical test, it will be a... Read more »

View More Answers

2 Answers | Asked in DUI / DWI for Kansas on
Q: Can you be arrested weeks after refusing any testing for Dui in Kansas?

My friend wrecked her car and was taken to hospital by ambulance. Officer came to the hospital to test her for alcohol and she refused. He made sure she understood about losing license and gave her the pink paper He never wrote her a ticket or put her under arrest now she’s hearing she’s going... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jul 28, 2021

Yes---perhaps the law enforcement officer's investigation is only just concluding so until he concludes it, he is not in position to issue a ticket. Please remember, a ticket is only an accusation and the prosecutor would still have to prove beyond a reasonable doubt each and every element... Read more »

View More Answers

1 Answer | Asked in Criminal Law and DUI / DWI for Kentucky on
Q: Is two years and one month a harsh sentence for a dui, criminal mischief, wanton endangerment, fleeing and evading?

I went to rehab and haven’t been in trouble since it happened almost 2 years ago. This is a first offense. I already took a plea deal but feel that my lawyer did not do his job correctly.

Timothy Denison
Timothy Denison answered on Jul 27, 2021

One would have to review the case file and the specific facts to properly answer this question.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Indicted on first offense drug charge meth Less than 2g and DUI What will they sentence me 60 rehab completed court

Sixty days rehab completed court order

Timothy Denison
Timothy Denison answered on Jul 27, 2021

What is your question?

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).

View More Answers

1 Answer | Asked in DUI / DWI for Texas on
Q: I'm currently serving a 10 year probation for a 3rd DWI offense in Houston, TX. I've been offered a job in McAllen, TX

And based on my current situation if I were to accept the job offer would I be able to move to McAllen? Or do I have to remain in Houston until I complete my probation?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 26, 2021

Yes, supervision of your probation will be transferred to the new county of residence.

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.