FAQs

A: 120 days is the mandatory minimum for a third DUI within ten years. You should get half-time credits on the work program, so you would have to complete a total of sixty actual days.

A: It doesn’t happen very often that there is no blood or breath test following a DUI arrest. If this is the case, I suppose the prosecution could go forward on the officer’s observations of the arrestee. In cases involving drugs, we often see a drug recognition evaluation by law enforcement surface in police reports. I think you’ll have to wait and see what evidence of drugs and impairment shows up in the police reports. Jury instruction 2110 describes the elements of vehicle code 23 152 a. The general term is “driving impaired to an appreciable degree”. The district attorney does not need a blood test in order to satisfy the elements under this jury instruction. Good luck

A: The DA will review the evidence and make a charging decision based on the police reports for the accident and the hospital blood analysis. Once that charging decision has been made, they can send you a letter notifying you of a pending court date or they can file a complaint (criminal action) and get an arrest warrant. Hopefully, they will let you know before filing but that isn’t always the case.

A: If you didn’t receive the pink notice of suspension form AND you KNOW your blood alcohol concentration is below the legal limit for your age then you shouldn’t worry about getting the hearing. However, if you are unsure about the alcohol concentration you may still request a hearing, the DMV won’t go forward if the evidence doesn’t come back above the legal limit for your age.

A: NEVER take legal advice from a cop. I’m not at all convinced this case will be 100% dismissed. Be sure to appear on your court date. It is best to consult with a local criminal defense attorney before then as well. You dodged a bullet with the DMV, but it’s certainly not over.

A: If her three prior DUI convictions occurred within the past ten years, your friend could be charged with a felony.

It sounds like there WAS a chemical test, but it happened an hour after driving. There’s no way to predict the outcome of her case without a complete review of the evidence. If she drank after the accident, her lawyer might be able to argue that she wasn’t drunk at the time she drove the car… but her hit-and-run will definitely work against her/ A felony DUI is four within 10 years, the maximum depends on the severity of the first three and of course, the fourth but state prison and years in jail are a distinct possibility. A skilled DUI defense lawyer may be able to mitigate, or even win, a case where the drinking was done after driving BUT it will depend upon the facts. She should contact an experienced DUI defense attorney as quickly as possible, she also has valuable rights regarding her driver’s license that are time-sensitive.

A: The answer to your question is…it depends, if you were ordered to abstain from the use of alcohol while on probation, no you can’t drink. Otherwise, you can’t drink and drive. Check with your lawyer regarding the actual terms and conditions of your probation.

A: Bad news, unless you (or the court) have the paperwork regarding the completion, you will have to do it again…sorry.

​A: If this is an alcohol-only case and you’re over 21 you shouldn’t have a DMV hearing to worry about. Depending on your income you may qualify for a Public Defender, that will be a determination made by the judge at your arraignment (first appearance). You might want to meet with a private lawyer. or two, before your court appearance, there is a big range in prices and services provided by DUI lawyers. As another lawyer pointed out, the Public Defender doesn’t do the DMV and not all of them know the process to help you get your license back if it is suspended.

​A: Of course, you need a lawyer, but that question is like asking a barber if you need a haircut. The reason that a person might hire a lawyer is they don’t believe they were under the influence at the time of driving, don’t believe their blood alcohol level was over the legal limit at the time of driving, they might need to fight the case all the way to trial because a conviction could force a job loss. Take the time and talk to a qualified DUI lawyer in your local area, particularly one practicing in the courthouse where your case will be heard, good luck.

A: You’ll never beat the DMV on this issue. If you want a license, install the IID.

A: As long as your license was valid and you had insurance, this infraction cannot be used to violate your probation. Unless you’ve been to traffic school in the past 18 months, you should be eligible – and you probably want to go since this would be another point (DUI is 2 points).

A: The DA has up to 1yr to file on misdemeanor DUI charges. Thus, although charges haven’t been filed, the possibility remains. Consider retaining a local attorney to contact the DA’s office and verify that the DA has indeed rejected the case. Best of luck.

A: The DA has up to one year from the date of arrest to file charges on misdemeanor DUI charges. It is entirely up to them to decide when if ever they’ll get around to it. They’ll likely send you a letter whenever it happens, but ultimately it’s your responsibility to show up. Best of luck

A: you should contact the Public Defender who handled your case to put it on the calendar to ask the Judge to allow you to take a break to save the money for the last 8 classes. If that doesn’t happen, at least you have informed the Judge that you are not stopping for any reason other than financial. However, you are going to have to pay those fees to finish the program and keep your driver’s license. So I recommend finding someone to borrow the money from to get the program done and not risk a probation violation.

A: This case will Will depend on the facts involved. You’ve raised the exact reason you need an attorney experienced in this area. One of the issues will be what is the half-life of the medication. Another issue will be whether the medicine impairs your ability to drive when taking into consideration the reason for your use? An example would be chronic long-term pain as opposed to a recent injury. It may be necessary to have a pain management physician testify. You need an attorney.

A: Under these facts, you are facing a first in court BUT may be facing a second at the DMV. You should consult a local lawyer to discuss the first case and the possible ramifications of a second DUI at the DMV.

A: There is no need for a third party to “sign” in order to qualify for the public defender’s services. Your friend should simply submit an application to the public defender’s office and fully disclose all sources of income and assets.

A: I do not believe that driving under restraint includes only a jail or work release sentence. You should be able to request that the Court authorize an in-home detention sentence. I would attempt to get your license back before you go to Court if at all possible. That will assist you with your situation.

A: The statute of limitations (the time after an event during which the government can charge you with an offense) is 6 years. The relevant look-back periods for OVIs are how many in 6 and how many in 20 years. These are two different things. A 4th in 6 is a felony. You should hire an attorney ASAP.

A: I would call the surcharge people and go to court and start a payment plan for the fines. I understand the surcharge people can be reasonable.

A: The OSP Crime Lab forensic scientists are testifying that people show driving impairment from weed for 2-3 hours in driving studies and up to 5 in clinical settings. Yes, you could be charged with DUII, especially if you answered the cops’ questions by admitting weed use immediately prior to driving. First, stop talking to the police. Second, hire a good DUII attorney, whose name you can cite as your lawyer if approached by police again (police cannot ask questions of a represented person who has invoked their right to have an attorney present before answering questions. You can and should also invoke your right to silence, but it has less protection than the right to counsel. Do not lie to the police, in any event — just refuse to answer questions).

A: The statute of limitations stops when you are formally charged. You do have a right to a speedy trial and even if it has previously been waived, you can renew your demand for a speedy trial at any time. By making a demand for a speedy trial, you are saying that you are ready for trial and no further discovery will be conducted.

A: If the active metabolite (THC) comes back into your system, you will be prosecuted for DUI. The court will send you a summons in the mail. This could take up to one year to receive notice. It typically takes the lab 6-9 months to test for drugs in the system. Hopefully, you have a medical marijuana card. You also need to hire a lawyer. If you smoked 8 hours prior, what was the cop’s probable cause for arrest? How did you fail these tests? These are all things that need to be investigated. The stop will be good if you do make an illegal turn. And, you have a 5th Amendment Right to remain silent. You should lays use it. Never Ever admit to committing an illegal act. Simply invoke your right to remain silent.

A: You can be charged with DUI either because you were driving or you were in physical control of the vehicle. Physical control does not require actual driving. For example – being the only person in the vehicle with the keys in the ignition (or even in your pocket) could be deemed to be physical control. If the officer believes that you are the driver, you can be charged. It does not mean that you will be convicted. You do need legal counsel to review the reports, video, and the ‘female’s’ version of what occurred.

​A: An OWI (2nd offense within 7 years) carries the following potential penalties:

• ​Fines of $200-1,000
• At least 5 days and no more than 1 year in prison
• Driver’s License revocation for 1 year
• 6 points on your driving record
• Possible vehicle seizure
• If the vehicle is not taken, you will lose the use of it for 90-180 days
• 30-90 days of community service
• $1,000 annual driver’s responsibility fee for two years

​A: My guess is they got the evidence, impounded her car, and booked her. She also most likely has a court date in the very near future on the charges and, if found guilty, will serve her time and have some fines and restrictions on her license as well as insurance and ignition interlock in her future.

​A: Can you be arrested? The answer is yes. The legal issue that this will come down to is whether or not you had control of the vehicle if the vehicle was operable, and if you were under the influence of a prohibited substance (medication or alcohol).​​

A: 120 days is the mandatory minimum for a third DUI within ten years. You should get half-time credits on the work program, so you would have to complete a total of sixty actual days.​

A: You’ll never beat the DMV on this issue. If you want a license, install the IID.​

​A: This case will Will depend on the facts involved. You’ve raised the exact reason you need an attorney experienced in this area. One of the issues will be what is the half-life of the medication. Another issue will be whether the medicine impairs your ability to drive when taking into consideration the reason for your use? An example would be chronic long-term pain as opposed to a recent injury. It may be necessary to have a pain management physician testify. ​

A: . Call a local program; some will take you with just your pink temporary license, while others require more of a DMV suspension (written decision off suspension or H6) or finally the court referral following conviction. But maybe you have a case? Call a lawyer before giving up.​

​A: This is a great question for a lawyer. Depending on the reason for the delay in completion, you could find yourself owing more time.​

A: If you are caught driving while your license is suspended or revoked, you could serve jail time, especially if you were already on probation for the same offense, disregarded the restriction, and got into an accident. If you are having financial difficulty and can’t afford to hire an attorney, you should consider applying for a public defender since you may qualify as indigent.​

A: A conviction is on your record forever.​

​A: For purposes of expungement, it doesn’t make a difference anymore – are you asking for that reason? It still means it was dismissed, but it was dismissed because you pled to something else (that is what “merged” means), as opposed to it being dismissed for a lack of proof or some other reason.​

​A: Before you were just sitting there, you were operating the vehicle.​

​A: DUI requires the operation of a motorized vehicle. so unless it’s a motorized bike you are fine in so far as the DUI law.
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A: yes, the prosecution can introduce any evidence they think is relevant. Your lawyer can fight the introduction of any evidence either through pre-trial evidentiary hearings or trial. I’m not sure how you can provide a breath sample unless you don’t remember it. You actually have to put a mouthpiece (pipe/hose) into your mouth and blow
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A: If you were initially required to comply with a DMV 4 year suspension, then you have a serious case beyond first-time DUI. The ignition interlock requirement must be complied with in order for you to get your driving privileges reinstated. You should meet with an attorney and bring a current copy of your DMV print-out or what is also known as an H6.
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​A: The consequences of DUI can be a bit complicated and require quite a few more facts than you should provide in this forum. Generally, if the first DUI was a misdemeanor (as most are), it may not be refiled after it is filed and dismissed. If it was a felony it could be refiled within the statute. The penalties for your second DUI depend on several factors with regard to whether or not the first one will be counted as a prior in court and separately with the DMV.
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​A: they have to prove YOU were driving. If you did not ask and you did not admit driving, then you have a great defense. If they have the burden of proof, the same for the DMV. Can the girlfriend testify she was driving?
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​A: Yes, you can file a writ of mandamus to challenge the DMV in court.
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​A: No. If you want a driver’s license and you were/are required to attend the DUI program to get a license, then you have to attend the DUI program.​

​A: Need more info, your height, weight, the alcohol content of beer, but assume you are a male, 185 lbs, standard .05 beer, then no, it should not be in your system, however, I would not take the chance

​​A: Oh yeah, no firearms for you ever, sorry.

A: That means that if the DMV sends this subpoena over to the CHP office, and the subpoena clerk receives it, then it is the same as if the officer himself was personally served. Now, you have to look at the government code in order to decide that is good enough for the DMV to give themselves a continuance. The answer is no. I believe it is government code 11524, which states that good cause is not deemed when you have improper service.
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A: At the conclusion of your DMV administrative per se hearing, the hearing officer has to make a written decision. This is usually a two to three-page document. If the DMV hearing officer is quick and efficient, they can have a report finished by the end of the business day. However, the suspension cannot start earlier than nine days from the date of suspension and usually no later than 15 from the date of the suspension. What does that mean in plain language? That means that if you lose your hearing you might have your license suspended 9 to 15 days after the hearing date.
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A: There are different levels of driving on a suspended license. This is covered under California Vehicle Code 14601. We have 14601.1, all the way to 14601.5. If his license was suspended because of a DUI, the district attorney will try to prosecute him under 14601.2. He may be facing up to 10 days in the county jail, which usually can be completed on a weekend work release program or by house arrest in most counties in California. The other problem he has to be aware of is that driving on a suspended license conviction will trigger a violation of probation on his original DUI charge. That means the judge could go back and slap his hand for picking up a criminal case, such as driving on a suspended license when the judge ordered him not to drive without a valid license, insurance, and registration.
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A: The DMV will allow you to get a license when you COMPLETE the DUI class and when you file an SR-22. There is no other way.
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A: One can try, but one of the requirements for a PC1203.4 dismissal is that you are not presently serving a sentence or on probation. You’ll need to wait. The relief provided is minimal anyway.
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​A: Most likely, the judge will not punish you for being a few days late. But it all depends on who the judge is and what your past history is on probation. You may want to contact a local criminal defense attorney to get a more thorough answer.
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A: The minimum is no jail, and the max could be 7 years in prison if filed as a felony with a GBI enhancement.
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​A: If the IID requirement was part of the requirements in AZ, you need to consult an experienced DUI attorney in AZ. If there is a hold in the interstate license computer system, California will not issue a license until the hold in the other state is cleared.
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​A: Sounds like a bad idea, no? Ask this question in class and see what they say.
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​A: A felony DUI carries a 16 month State Prison Sentence, a 2 year State Prison Sentence or a 3 year State Prison sentence. If the DA alleges Great Bodily Injury, that can add an additional 3 year punishment to the sentence. The judge CAN impose probation and order a sentence up to 1 year for a felony DUI. A DUI can also be charged as a felony if the Defendant has 3 or more prior DUI convictions. And, if the DUI occurred within 3 years of a prior DUI conviction, your friend may face a violation of probation on the grant of probation in his prior case if so charged. There are many variables. I have represented persons who drove while under the influence and caused the death of a victim on their first and only DUI. He was so distraught that he could barely speak for weeks. He entered a residential treatment program and counseling as an eloquent way of demonstrating that he would never drink and drive again. Good Luck.
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A: Admin per se is the administrative hearing by the DMV to suspend your driver’s license. This is separate from the DUI in criminal court but you are a juvenile. You have 10 days from the date of arrest to request the hearing to avoid suspension of your license in 30 days. You should have an attorney to help you with both of these.
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A: If your test results are under a 08, the DMV will cancel the hearing and send advising you to go to a local DMV office and get a new license. NO FEE. The pink Temp license will be good until you receive the license.
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​A: In California, if you have a prior DUI, will you get another DUI just for being a passenger in the car with someone who gets a DUI
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