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DUI / DWI Questions & Answers
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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1 Answer | Asked in DUI / DWI for Oklahoma on
Q: How long does Oklahoma DPS get to revoke a license after a DUI?

18 y/o received a DUI on 5/07/2023. He was NOT arrested. DA did not press charges, he completed all required classes, evaluation, Adsac, Victim impact panel and paid fines. He never lost his license. Received a letter 1/11/2023 from DPS with the date of 10/10/2023 stating his license will be... View More

Josh Davis
Josh Davis
answered on Jan 11, 2024

Service Oklahoma is the agency now responsible for license revocation. Under Oklahoma law they have 180 days from the date of receiving the affidavit to take action on a license revocation. I think your issue here is one of notice. He may want to consider filing a district court appeal arguing that... View More

1 Answer | Asked in Car Accidents and DUI / DWI for Oklahoma on
Q: I found there was an error changing insurances, which lead to a short lapse in coverage, how far back can they charge me

If there was a fender bender by a family member, and a ticket issued for misdemeanor DUI?

T. Augustus Claus
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answered on Jan 10, 2024

If you discovered an error during the process of changing insurance that resulted in a brief lapse in coverage, and there was an incident involving a family member with a ticket for misdemeanor DUI, the impact on your insurance coverage and potential charges can depend on various factors. Insurance... View More

2 Answers | Asked in Domestic Violence, DUI / DWI and Immigration Law for Rhode Island on
Q: Will my green card be denied? I have two domestic violence dismissed and two simple duis first dui in 2018 and 2 2023
James L. Arrasmith
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answered on Jan 9, 2024

The outcome of a green card application can be influenced by your criminal history. While the dismissal of your domestic violence charges is positive, the presence of two DUI offenses, especially with one being recent, may impact your application. U.S. Citizenship and Immigration Services (USCIS)... View More

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2 Answers | Asked in Domestic Violence, DUI / DWI and Immigration Law for Rhode Island on
Q: Will my green card be denied? I have two domestic violence dismissed and two simple duis first dui in 2018 and 2 2023
Syed Ali Hussain Lahooti
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answered on Jan 11, 2024

It looks like your question is diving into the world of "Crimmigration," where criminal and immigration law meet. If you've got a green card and get a DUI, it could mess with your good moral character standing for 3-5 years. Things get even trickier with domestic violence cases –... View More

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1 Answer | Asked in DUI / DWI for California on
Q: Supposed to sign up for DUI classes by 1/20 but my appt is on the 23rd after calling today. Will I be in any trouble?

My first DUI. Informal probation and meant to attend dui classes for 9 months. I didn't realize on my form it said to call within three business days to start attending dui classes. I am a couple weeks out from the date stated on my documents for when I should be assigned. I called today and... View More

James L. Arrasmith
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answered on Jan 8, 2024

In your situation, where you're required to sign up for DUI classes by a certain date but have an appointment slightly later, it's understandable to be concerned about potential consequences. It's good that you have taken the initiative to set up the appointment.

Since your...
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2 Answers | Asked in Criminal Law, Federal Crimes and DUI / DWI for Tennessee on
Q: How can I be arrested for driving under the influence before taking a breathalyzer when I passed the field sobriety test

He drug me out of the car and asked me to do a field sobriety test in which I passed with flying colors, and as soon as we got done, he arrested me and puts me in the back of cop car, and then takes me to get my blood drawn from hospital, but I wasn't intoxicated, I just had an open container

James L. Arrasmith
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answered on Jan 13, 2024

In the United States, it is possible to be arrested for driving under the influence (DUI) even if you passed a field sobriety test. While passing the field sobriety test can be a positive factor in your case, it's not the sole determinant of whether you can be arrested for DUI. Law enforcement... View More

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2 Answers | Asked in Criminal Law, Federal Crimes and DUI / DWI for Tennessee on
Q: How can I be arrested for driving under the influence before taking a breathalyzer when I passed the field sobriety test

He drug me out of the car and asked me to do a field sobriety test in which I passed with flying colors, and as soon as we got done, he arrested me and puts me in the back of cop car, and then takes me to get my blood drawn from hospital, but I wasn't intoxicated, I just had an open container

Anthony M. Avery
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answered on Jan 8, 2024

LEO apparently had probably cause to get the Warrant issued. You should not have consented to either a breath or blood test. Any amount of intoxicant will be used against you. And it is alot easier to get back a TNDL without a DUI conviction. Hire an attorney.

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2 Answers | Asked in DUI / DWI for California on
Q: I got pulled over for a taillight and was given a field sobriety test and then a breathalyzer, which I blew under twice

They wanted to then give me another breathalyzer test, I refused. Was taken for blood test and then while being booked they found a small amount of cocaine in my purse.

I ultimately passed the blood test, now they are charging me for a controlled substance.

If I was being arrested... View More

Christopher Walsh
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Christopher Walsh
answered on Jan 7, 2024

In this scenario, it will come down to whether or not the police actually had a valid basis to arrest you for the DUI in the first place. If the police had probable cause to believe you were under the influence of alcohol and/or drugs, then the arrest would be proper and the cocaine that was later... View More

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2 Answers | Asked in DUI / DWI for California on
Q: I got pulled over for a taillight and was given a field sobriety test and then a breathalyzer, which I blew under twice

They wanted to then give me another breathalyzer test, I refused. Was taken for blood test and then while being booked they found a small amount of cocaine in my purse.

I ultimately passed the blood test, now they are charging me for a controlled substance.

If I was being arrested... View More

James L. Arrasmith
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answered on Jan 7, 2024

Under California law, the fact that you were initially stopped for a traffic violation and subsequently found not to be under the influence does not prevent law enforcement from charging you with possession of a controlled substance if it was found during the lawful execution of their duties. The... View More

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2 Answers | Asked in DUI / DWI for California on
Q: DMV case was set aside in CA DUI. I have a question about how the DUI classes req. by my criminal case affect that.

I got a DUI in California and I’m required to do a 9mo DUI program.

I didn’t read my paperwork well after court and I’m finding out I’m behind on the deadlines they gave me to start.

On my court paperwork it says that I had 7 days to enroll in the program which I missed.... View More

Christopher Walsh
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Christopher Walsh
answered on Jan 2, 2024

Congratulations on prevailing at the DMV Administrative Per Se Hearing. That makes your pathway a little easier. A lot of folks do not realize that when you get a DUI, you have two battles you are facing, and potentially two DMV suspensions: one from the criminal side, and the other is the DMV... View More

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2 Answers | Asked in DUI / DWI for California on
Q: DMV case was set aside in CA DUI. I have a question about how the DUI classes req. by my criminal case affect that.

I got a DUI in California and I’m required to do a 9mo DUI program.

I didn’t read my paperwork well after court and I’m finding out I’m behind on the deadlines they gave me to start.

On my court paperwork it says that I had 7 days to enroll in the program which I missed.... View More

James L. Arrasmith
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answered on Jan 2, 2024

In California, the DMV and the criminal court systems operate independently in DUI cases. Winning an appeal at the DMV and having your case set aside there primarily affects your driving privileges, not the requirements set by the criminal court.

Since the court ordered you to complete a...
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2 Answers | Asked in DUI / DWI, Personal Injury, Car Accidents and Native American Law for Oklahoma on
Q: Can a 19 year old who illegally purchased alcohol in oklahoma be punished for furnishing the alcohol to an 18 year old

18 year old also was driving and had a collision while drunk driving and received dui should the 19 year old be punished as well for purchasing it

James L. Arrasmith
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answered on Jan 1, 2024

In Oklahoma, it is illegal for anyone under 21 to purchase alcohol, and it is also illegal to furnish alcohol to a person under 21. In the scenario you described, the 19-year-old who purchased the alcohol and then provided it to the 18-year-old could indeed face legal consequences.

The law...
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2 Answers | Asked in DUI / DWI, Personal Injury, Car Accidents and Native American Law for Oklahoma on
Q: Can a 19 year old who illegally purchased alcohol in oklahoma be punished for furnishing the alcohol to an 18 year old

18 year old also was driving and had a collision while drunk driving and received dui should the 19 year old be punished as well for purchasing it

T. Augustus Claus
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answered on Jan 1, 2024

In Oklahoma, both the legal drinking age and the legal age for purchasing alcohol are 21. If a 19-year-old illegally purchased alcohol and provided it to an 18-year-old who subsequently got involved in a collision while driving under the influence, the 19-year-old could potentially face legal... View More

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1 Answer | Asked in DUI / DWI and Civil Rights for West Virginia on
Q: I live in West Virginia and have had three DUI convictions. How can I reinstate my firearms ownership? It's been a decad

It's been over 12 years since the completion of my sentence.

James L. Arrasmith
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answered on Dec 30, 2023

In West Virginia, reinstating firearm rights after DUI convictions can be a complex process, particularly with multiple offenses. Your eligibility to regain these rights depends on several factors, including the nature of your convictions and the completion of all sentencing requirements.... View More

1 Answer | Asked in Traffic Tickets and DUI / DWI for Alabama on
Q: Can I be denied a hardship driver's license because of one dui that happened thirty plus years ago ?
T. Augustus Claus
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answered on Dec 29, 2023

The eligibility for a hardship driver's license in Alabama is influenced by various factors, including past driving offenses. While DUI convictions typically have a significant impact on driving privileges, especially in obtaining a hardship license, the specific rules and regulations can... View More

2 Answers | Asked in DUI / DWI for Georgia on
Q: Can you get a dui if you’re in your house and there is no proof of your driving the car under the influence
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answered on Dec 29, 2023

In Georgia, a DUI (Driving Under the Influence) generally requires evidence that an individual was operating a vehicle while under the influence of alcohol or drugs. If you are inside your house and there is no proof that you were driving the car under the influence, it is unlikely that you would... View More

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1 Answer | Asked in DUI / DWI for New Jersey on
Q: Can I petition the court to have a interlock ignition device removed after 2 years of a 3 year sentence
T. Augustus Claus
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answered on Dec 28, 2023

In New Jersey, the decision to remove an ignition interlock device (IID) typically depends on the specific conditions set by the court. While I can't provide the most up-to-date information, in many cases, individuals with DUI convictions may be required to use an IID for a specified period as... View More

1 Answer | Asked in DUI / DWI and Traffic Tickets for Florida on
Q: What happens when I get a driving with a suspended lic after my dui over a year ago

I think I have enough money saved to get my iid and insurance to reinstate them is this a good idea

T. Augustus Claus
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answered on Dec 27, 2023

If you are caught driving with a suspended license in Florida more than a year after a DUI, it indicates a serious violation. While you may have saved enough money to obtain an Ignition Interlock Device (IID) and reinstate your insurance, it's crucial to approach this situation carefully.... View More

2 Answers | Asked in DUI / DWI for California on
Q: Can I get a wet reckless charge instead of a dui charge?

I have only had my arraignment but my BAC was 0.12 and I have already taken AA classes. Can my attorney be able to reduce my charges from a DUI to wet reckless?

James L. Arrasmith
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answered on Dec 23, 2023

In California, a "wet reckless" charge is a common plea bargain in DUI cases, particularly for first-time offenders or where the evidence may not strongly support a DUI conviction. This charge is formally known as a reckless driving involving alcohol charge.

Your Blood Alcohol...
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