Ask a Question

Get free answers to your DUI / DWI legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI and Traffic Tickets for Tennessee on
Q: I owe $15,000 dollars for DUI,s, if I start making monthly payments on them will the state of Tennessee give license
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

Consult with an attorney after you personally contact the DOS. You will probably need to do most of this yourself, but advice or representation to get paid in full receipts may be needed. There are alot of factors involved, especially completion of all Sentence requirements which you have... View More

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Oregon on
Q: I just turned 18 and am entering diversion soon I have my medical marijuana license. Can I still medically smoke?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

Whether you can continue to use medical marijuana while entering a diversion program largely depends on the specific terms and conditions of the program you're enrolled in and the laws of the state you reside in. Diversion programs are alternatives to traditional criminal proceedings and often... View More

1 Answer | Asked in DUI / DWI for California on
Q: Terminated 18m DUI class. 5 classes left. Paid in full. Ask for re referral before warrant issued. What happens now?

Have court date April 5th. I was in a Domestic Violence relationship where he made it difficult to go to class. Finally free from him and I have a restraining order against him. It nice to have him gone but difficult because I was left with all bills and caring for my daughter while on cash aid. I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

In California, if you've been terminated from a DUI class with only a few sessions remaining and have paid in full, it's important to act quickly. Contact the DUI program to request a re-referral before a warrant is issued. Explain your situation clearly, including the challenges you... View More

2 Answers | Asked in DUI / DWI for Washington on
Q: Facing a Second DUI Charge after a previous offense reduced four and half years ago in WA State.

I'm 26 and got nabbed for my second DUI by the state patrol. The last incident was around four and a half years ago, but it got reduced to Neg 1, and I blew a 0.11. This time, it's more serious, at 0.17. I've entered a plea of not guilty. Right now, I need some guidance on what steps... View More

Cristine Beckwith
PREMIUM
Cristine Beckwith
answered on Mar 26, 2024

Sorry to hear. Although the prior was reduced to Neg 1, for sentencing purposes, it would count as a prior DUI. You will likely be facing enhanced penalties due to the breath test result reaching .15. A conviction for a 2nd DUI could result in a mandatory minimum of 45 days in jail plus 90 days of... View More

View More Answers

2 Answers | Asked in DUI / DWI for Washington on
Q: Facing a Second DUI Charge after a previous offense reduced four and half years ago in WA State.

I'm 26 and got nabbed for my second DUI by the state patrol. The last incident was around four and a half years ago, but it got reduced to Neg 1, and I blew a 0.11. This time, it's more serious, at 0.17. I've entered a plea of not guilty. Right now, I need some guidance on what steps... View More

Patrick Owen Earl
Patrick Owen Earl
answered on Mar 26, 2024

Yes you are in between a rock and a hard place because this last DUI is your second offense and the penalties are higher because of the first one. Please Please contact an experienced criminal defense attorney that does DUI law All the time. Not one that just does one or two cases here and... View More

View More Answers

1 Answer | Asked in DUI / DWI and Criminal Law for Oklahoma on
Q: Can a officer arrest me for DUI of medication but put different details in affidavit? (Marijuana)

I was pulled over for speeding.The officer said he smelled marijuana.I was honest and told him I did have marijuana. He gave me a field sobriety test.I did tell him I take medication but I did not smoke marijuana that day. He told me i'm under arrest for taking the medication and driving. And... View More

Tracy Tiernan
Tracy Tiernan
answered on Mar 25, 2024

Well, if you took a blood test, that should settle the issue as to exactly what was in your system. Unfortunately, in many counties the fact that you have some overtime or controlled drug present in your system is usually enough for them to pursue this criminal charge against you. They will rarely... View More

2 Answers | Asked in DUI / DWI for California on
Q: Courts dismissed my dui 13 years ago but DMV suspended my license last week. I passed breathlzr and was not dwi. help

I need help scheduling a court date with the dmv. I can't get thru by phone and the letter they sent had no info other than my license is suspended. I have had a restricted license for over 4 years, fully insured, no tickets my dmv driving record has no mention of the dui. The court docs says... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 25, 2024

When cited for a DMV, there are 2 separate entities that can affect your license: the court and the DMV. One ruling does not necessarily affect the other.

you had to contact DMV within 10 days of an arrest to set a hearing date....did you do so?

did you have a lawyer? if not...
View More

View More Answers

2 Answers | Asked in DUI / DWI for California on
Q: Courts dismissed my dui 13 years ago but DMV suspended my license last week. I passed breathlzr and was not dwi. help

I need help scheduling a court date with the dmv. I can't get thru by phone and the letter they sent had no info other than my license is suspended. I have had a restricted license for over 4 years, fully insured, no tickets my dmv driving record has no mention of the dui. The court docs says... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2024

Under California law, if your license was suspended by the DMV and not due to a court order, you need to contact the DMV directly to resolve the issue. The DMV operates separately from the criminal court system, so even if your DUI charges were dismissed, the DMV might have different requirements... View More

View More Answers

2 Answers | Asked in Car Accidents, Personal Injury and DUI / DWI for California on
Q: Can I get recompensation for a car accident that happened 7 years ago?

I was in a car accident with a couple of friends, my friend (the driver) was under the influence and well we were all under the influence except for one of us, we kept telling the driver to let her drive because she was sober but he wasn't letting her or stopping. Suddenly when he made a left... View More

William John Light
William John Light
answered on Mar 23, 2024

Ordinarily, the statute of limitations is 2 years from the date of the injury.

If you or the driver were under 18 on the date of the injury, the two years began to run on the 18th birthday of either of you.

For certain felony convictions, the statute of limitations is 10 years from...
View More

View More Answers

2 Answers | Asked in Car Accidents, Personal Injury and DUI / DWI for California on
Q: Can I get recompensation for a car accident that happened 7 years ago?

I was in a car accident with a couple of friends, my friend (the driver) was under the influence and well we were all under the influence except for one of us, we kept telling the driver to let her drive because she was sober but he wasn't letting her or stopping. Suddenly when he made a left... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2024

Under California law, the statute of limitations for most personal injury claims, including those arising from car accidents, is generally two years from the date of the accident. This means that you would typically have two years from the date of the incident to file a lawsuit seeking compensation... View More

View More Answers

1 Answer | Asked in Criminal Law and DUI / DWI for Florida on
Q: Is weed smoke probable cause for a traffic stop? And why don’t police have to have their Dash Cam on during stops?

Typo. Don’t have to have their dash cam activated

Jeffrey H. Garland
PREMIUM
Jeffrey H. Garland
answered on Mar 22, 2024

Yes, marijuana smoke is probable cause for a car search. Usually, the odor of marijuana smoke is detected after a car stop for some other reason. A medical marijuana card does not allow consumption in a vehicle. While the odor of burnt marijuana may persist from previous use, the presence of... View More

2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Can you travel domestically by flight with a Bench Warrant on your name?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2024

Having a bench warrant in your name can lead to complications while attempting domestic flight travel. While there's no blanket rule that directly forbids you from flying domestically, the presence of a bench warrant implies that law enforcement is seeking your arrest, which could lead to... View More

View More Answers

2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Can you travel domestically by flight with a Bench Warrant on your name?
Dale S. Gribow
Dale S. Gribow
answered on Mar 22, 2024

The answer to most legal questions is IT DEPENDS.

Chances are it will come up in the computer check at the airport.

Why not just take care of it? The chances are you, like most clients, will be driving and stopped for a traffic violation/ infraction. They will run you for wants and...
View More

View More Answers

1 Answer | Asked in Car Accidents, Criminal Law, DUI / DWI and Personal Injury for Oregon on
Q: If inwas hit by a drunk driver almost 3 years ago as a passenger in car hit by DD with no Insurance can I still get paid

My liver, both kidneys were lacerated I was Internamky bleeding. Was asleep when the accident happened Ed woke up 2 days later in the hospital. Got subpoenad to court a d it was rescheduled showed up a second time t hey said they were gonna reschedule it again and then I never heard from them at all

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2024

An Oregon attorney must advise you here, but you await a response for two weeks. Based on available information from various online sources, which the public can readily find, it appears that the statute of limitations is generally two years for personal injury claims. Again, only a local attorney... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights on
Q: I was charged with a second DUI and I had never been convicted of a first offense Also my court records have beenaltere.

All of my court records have been altered from simple traffic violations to added offenses that now read criminal offenses. As far back as a taillight infraction from 1991 that now says it's a criminal offense. With that same infraction it now states that a conversion was involved. I had never... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2024

I'm so sorry to hear about the difficult situation you're going through with these wrongful charges and convictions. It sounds extremely frustrating and stressful to have your records altered, be wrongfully convicted of a 2nd DUI, and face major fines and loss of livelihood as a result. A... View More

3 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: Hit by a DUI Driver but my Insurance is minimal

My daughter was driving my car dui driver hit her. My insurance is minimal, even excludes all drivers. Other driver has no insurance. My daughter had to miss work, she just got out of college, so financially struggling. My car no longer works either. Anything else we can do? Thank you

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2024

In California, if you're hit by a DUI driver and your insurance coverage is minimal and does not cover the incident, especially when the other driver has no insurance, there are still options available to you. It's essential to know that California law allows individuals in your situation... View More

View More Answers

3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Illinois on
Q: Can I expunge a charge from 15 years ago in Iowa?

Sept 2009 I was arrested along with other individuals due to us being in a park after hours. I was not even in my vehicle and 15 years later Im learning I have a $200 fine for an OWI and im ordered to complete 12 hour class for drinking and driving plus a substance class. I have lived and been able... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2024

In Iowa, expunging a charge from your record depends on the type of offense and your criminal history. For OWI (Operating While Intoxicated) charges, Iowa law does provide for expungement under specific conditions, but generally, OWI convictions are challenging to expunge. If your case did not... View More

View More Answers

6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024

In cases where your claim exceeds the driver's insurance liability coverage, accepting the insurance offer means you'll receive the maximum amount covered under the driver's policy. If you choose to sue and are awarded an amount greater than the insurance coverage, the excess could... View More

View More Answers

6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

J. David Krekeler
J. David Krekeler
answered on Mar 3, 2024

Yes. The insurer should pay you the full policy limits and you will have a claim against the driver for the balance.

And yes, the driver could file bankruptcy, but your claim, at least that part of your claim which is for bodily injury, should be a debt which cannot be discharged....
View More

View More Answers

6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

Frank Pasternak
Frank Pasternak
answered on Mar 4, 2024

Given that you were a passenger, the likelihood is that you should be able to recover all your damages. Whether your case is a "policy limits" case will be determined by the nature of your neck injury and medical treatment and total amount of your lost wages plus your pain and suffering.... View 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.