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DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for California on
Q: Do I have to pay dui cost recovery program if I was never convicted of dui

I was in a car crash and suffered a concussion. I was arrested for possible dui but was never charged or convicted

James L. Arrasmith
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answered on Feb 3, 2024

Under California law, DUI cost recovery fees are typically assessed to cover the expenses incurred by law enforcement and emergency services in response to DUI incidents. However, if you were arrested for a possible DUI but were never formally charged or convicted, the situation may differ.... View More

1 Answer | Asked in DUI / DWI for Kansas on
Q: When it comes to a DUI, do they have to write you a ticket for what they pulled you over for?

I didn’t get any traffic tickets for getting pulled over

T. Augustus Claus
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answered on Feb 1, 2024

In Kansas, law enforcement officers are required to have probable cause to initiate a traffic stop, which means they must have a reasonable suspicion that a traffic violation or other offense has occurred. However, the failure to receive a traffic ticket at the time of the stop does not necessarily... View More

2 Answers | Asked in DUI / DWI for Maryland on
Q: MD DUI: DR15 form ADVICE OF RIGHTS is the same as Miranda Rights?

Defendant arrested for suspicion of DUI & taken into custody to police station. Arresting officer advised rights on form DR-15 to submit to test but defendant didn’t sign right away handcuffed to table. Observation period 20-30 minutes.. Breath tech officer asked defendant “are you going to... View More

Mark Oakley
Mark Oakley
answered on Feb 1, 2024

Unless you made incriminating statements, there’s nothing to suppress. Review the evidence in the case with your lawyer. If there’s a basis to file a motion, then it can be filed. I’m not reading anything in your post to support such a motion. Nor am I reading anything in your post to suggest... View More

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2 Answers | Asked in DUI / DWI for Texas on
Q: I was arrested September 3rd charged with DWI have not been indicted yet. Where do I stand?
Jim  Butler
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answered on Jan 31, 2024

Was this DWI filed in Harris County, Texas? In Harris County, when you are arrested for suspicion of DWI, the Police Officer gets on his cell phone and calls the DA's (District Attorney's) office, and lays out the facts of the case. The DA then either accepts or rejects the charges. If... View More

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2 Answers | Asked in DUI / DWI for Texas on
Q: I was arrested September 3rd charged with DWI have not been indicted yet. Where do I stand?
John Michael Frick
John Michael Frick
answered on Jan 30, 2024

If you have been charged, as indicated in your question, you should have by now received a court date for your announcement. For a misdemeanor DWI, this typically occurs within 4-6 weeks of your arrest.

A misdemeanor DWI would be charged by information, not by indictment. It can take...
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1 Answer | Asked in DUI / DWI, Cannabis & Marijuana Law and Civil Rights for Georgia on
Q: In chattooga county, can 40 degree weather with no jacket affect the sobriety test of walking in a straight line?

Would someone be able to get a dui charge dropped do to the weather?

James L. Arrasmith
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answered on Jan 29, 2024

Cold weather and lack of appropriate clothing can indeed affect a person's performance on sobriety tests, including walking in a straight line during a DUI investigation. Factors like shivering, muscle tension, and difficulty balancing can make it challenging to complete the test successfully.... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for Georgia on
Q: Can someone the age of 21 still qualify to use youthful offender?

In chattooga county Someone that is caught up with a dui, speeding, and distribution at 21 allow to use youthful offenders?

James L. Arrasmith
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answered on Jan 28, 2024

In Chattooga County, as in other parts of Georgia, the availability of the Youthful Offender status typically depends on the age of the individual at the time of the offense and the nature of the charges. The Youthful Offender status is generally reserved for those who commit certain crimes while... View More

1 Answer | Asked in DUI / DWI for New York on
Q: I want to know how much time I will have if I exchange a 6/5 split l, 4 years in and done the 6 months in prison.

I had a felony DWI( AUO made it a felony), .08% first offense. I was incarcerated for the 6 months in prison and now I am 4 years into probation and I have an open violation for missing appointment w PO. Since April I've been suspended no time being credited and I just cannot go on w the... View More

T. Augustus Claus
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answered on Jan 24, 2024

The potential consequences for a probation violation can vary based on several factors, including the nature of the violation, your criminal history, and the specific terms of your probation. Since you're dealing with a felony DWI and probation violation in New York, it's important to... View More

1 Answer | Asked in DUI / DWI for Kansas on
Q: Why was my son given a harsher penalty for Minor DUI than usual?

My son blew a 0.04, his license was suspended for 30 days, the state gave him 180 day restriction with an interlock. I was under the assumption that with a minor the interlock should only be given with a BAC of 0.08 or higher. Do I have the right to appeal this?

T. Augustus Claus
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answered on Jan 24, 2024

If your son received a harsher penalty for a Minor DUI (Driving Under the Influence) than what you expected, it's important to understand that DUI laws and penalties can vary by jurisdiction. In Kansas, as in many states, the penalties for underage DUI are often different than for individuals... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: Victim of a crime drugged unknowingly charged with crime OWI
T. Augustus Claus
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answered on Jan 24, 2024

Firstly, gather any evidence or information that supports your claim of being unknowingly drugged. This may include witness statements, medical records, or any other relevant documentation.

Next, contact a criminal defense attorney in Indiana. Provide them with all the details surrounding...
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1 Answer | Asked in DUI / DWI for Kansas on
Q: 16 yr old underage son license suspended for DUI in Kansas

They gave him 30 days suspension, 180 days restriction with an interlock. Is this common for the interlock to be given to a minor that blew 0.03?

T. Augustus Claus
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answered on Jan 19, 2024

In Kansas, it is relatively uncommon for a minor with a blood alcohol concentration (BAC) of 0.03 to be subjected to an interlock device, especially considering the legal limit for individuals under the age of 21 is 0.02. In the case of a 16-year-old whose license was suspended for DUI, the imposed... View More

2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: Can I seal a DWI if I plead guilty to a misdemeanor B DWI but the original charge was a class A misdemeanor?

First criminal charge in McLennan County. Blew 0.16 but later plead guilty to misdemeanor B (dropped enhancement) and also was placed on probation. Lawyer told me it is deferred adjudication but officer tells me it is adjudicated so I also have questions about this as well.

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Jan 19, 2024

In Texas, if a person received a deferred adjudication for a misdemeanor offense that person may be eligible for a sealing (non-disclosure), but NOT an expungement, if it has been two years since their case was dismissed and have no other DADJs. For DWI misdemeanor convictions, the waiting period... View More

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2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: Can I seal a DWI if I plead guilty to a misdemeanor B DWI but the original charge was a class A misdemeanor?

First criminal charge in McLennan County. Blew 0.16 but later plead guilty to misdemeanor B (dropped enhancement) and also was placed on probation. Lawyer told me it is deferred adjudication but officer tells me it is adjudicated so I also have questions about this as well.

John Cucci Jr.
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answered on Jan 19, 2024

Unfortunately, unless the court made it part of your plea, you can not seal or expunge a DWI conviction in TX.

If it was part of a Deferred Adjudication, then there may be a chance for an expungement. But, I would need to see all the paperwork and the final judgment. If the case was...
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1 Answer | Asked in DUI / DWI and Traffic Tickets for Florida on
Q: Wanting to know a quote on a price for a DUI, revoked license and VOP.

My son was out on probation from a dui/manslaughter from 2014 where he did 8.5 years and 5 years on probation. While on probation last week he was arrested again for DUI, Revoked license and VOP wanting to know a quote to represent him and what he might be lookin at.

Robert Arnold Melchiorre
Robert Arnold Melchiorre
answered on Jan 19, 2024

This goes without being said that this is a serious matter. However, I personally would want to know more about both the underlying case(DUI manslaughter) and the new DUI case before quoting a price. For example, I would want to know the victim's position on this matter, is the new DUI case... View More

1 Answer | Asked in DUI / DWI for California on
Q: I was Charged a DUI V.C. 23152(f) “based on Suspicion” not evidence, Blood Test came positive. Trial Conviction Question

I was charged with 2 counts

1) V.C. 23152 (f) DUI Drugs

2) V.C. 11550(a) under the influence of a controlled substance

Despite no actual evidence found at the time of arrest, i was arrested and charged based on suspicion and officer opinion. Later Blood Test Showed Meth... View More

James L. Arrasmith
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answered on Jan 17, 2024

In California, DUI charges under Vehicle Code 23152(f) can indeed be complex, especially when there's a discrepancy in verdicts between related charges. Your situation, where you were found guilty of DUI Drugs but not guilty of being under the influence of a controlled substance, does raise... View More

3 Answers | Asked in Car Accidents, DUI / DWI and Personal Injury for California on
Q: I was injured by a drunk driver who subsequently plead guilty to felony dui with injury & having .16 blood alcohol.

The Judge sentenced the criminal defendant to 3 yrs probation & the usual penalties of a first offense misdemeanor. My victim rights have been violated & the judge sentenced the defendant incorrectly (my opinion) due to various lies, inconsistencies & incompatible statements that the... View More

T. Augustus Claus
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answered on Jan 22, 2024

If you were injured by a drunk driver in California who subsequently pleaded guilty to felony DUI with injury and was sentenced to probation, but you believe that your victim rights were violated and the sentencing was incorrect due to inconsistencies in the probation report, you may have recourse.... View More

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3 Answers | Asked in Car Accidents, DUI / DWI and Personal Injury for California on
Q: I was injured by a drunk driver who subsequently plead guilty to felony dui with injury & having .16 blood alcohol.

The Judge sentenced the criminal defendant to 3 yrs probation & the usual penalties of a first offense misdemeanor. My victim rights have been violated & the judge sentenced the defendant incorrectly (my opinion) due to various lies, inconsistencies & incompatible statements that the... View More

William John Light
William John Light
answered on Jan 13, 2024

You have no recourse over the sentencing. You have personal injury claims against him. If he has liability insurance or you have uninsured motorist coverage, you can recover monetary damages. If you have underinsured motorist coverage, you might be entitled to additional recovery. Talk to a... View More

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3 Answers | Asked in Car Accidents, DUI / DWI and Personal Injury for California on
Q: I was injured by a drunk driver who subsequently plead guilty to felony dui with injury & having .16 blood alcohol.

The Judge sentenced the criminal defendant to 3 yrs probation & the usual penalties of a first offense misdemeanor. My victim rights have been violated & the judge sentenced the defendant incorrectly (my opinion) due to various lies, inconsistencies & incompatible statements that the... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 13, 2024

So sorry to hear of what you have been going through. There may be some measure of further justice you can obtain, but the situation is much too complicated to be solved in a question and answer forum such as this. It is unlikely you can have the sentence increased, but it is surprising that... View More

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1 Answer | Asked in DUI / DWI for California on
Q: How do I find data regarding sentences imposed for CA felony DUI with injurys?
James L. Arrasmith
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answered on Jan 13, 2024

In California, the sentencing for a felony DUI with injury under Vehicle Code 23153 can vary based on several factors. This includes the severity of injuries caused, prior DUI offenses, and other specific circumstances of the case.

For a first-time offense, the potential sentence ranges...
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1 Answer | Asked in Criminal Law, DUI / DWI and Federal Crimes for Tennessee on
Q: Case is against 2 tn troopers.wat is my best defense for dui, intent to distribute meth(1gr&4baggies)weapons charge

I felt very manipulated and coerced and it felt like i was set up

James L. Arrasmith
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answered on Jan 13, 2024

In a case involving DUI, intent to distribute meth, and weapons charges, your best defense would typically depend on the specific circumstances surrounding your arrest. To strengthen your defense, consider the following:

1. Consult with an experienced criminal defense attorney in Nashville,...
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