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Arrested for DUI? Find Out What Everyone Should Know Before Talking to the Judge, Hiring an Attorney, Pleading Guilty or Going to Trial. 

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"My name is David and when I got my 3rd DUI I hired Pat Silva to fight for me and he did! He got my 3rd DUI dropped, all I had to do was plead no contest to a few moving violations. I had a bac of .17 and he still got it dropped that's why I call him the specialist! "    One of our current results:  3rd time dui reduced to a drunk in public - dui dismissed.  Click here to see my online reviews.

Q: I was arrested for a 3rd dui in 10 years. My first dui was in 2007, my second in 2010 (was reduced to wet and reckless) and I was arrested in June of this year. I blew a .09 and I hired an attorney. I was told to plea no contest and take the 120 days jail time which I am allowed to do awp. I have signed up and started my awp. I also have the scram bracelet.  Is it possible to petition with the courts to get my awp days lowered? I am a single mom, and I am finding it difficult to find daycare. If I finish out 30 days on awp, will that help? I am just looking into any options.

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

Q: Can someone be convicted for DUI if they were not tested.??   Facts: Daughter just got out of hospital 5150 for 6days and doesnt remember being there.the next day she got in her car and tried to go to her dads.she hit a parked car.went to jail they didn't test her can they convict on just her saying she had taken pills the night before??Public defender said they could get a test???

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

Q:  How do I know if I will be charged with a dui? I was in a car accident where I drove into a tree while intoxicated. I went straight to the hospital and wasnt arrested or anything. They tested my blood at the hospital but how do i know if i got a dui or not?

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 the 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.

Q: Do I need a dmv hearing if my license was not suspended? I was arrested for a dui and I just read that I had to set up a hearing from the DMV within ten days of my arrest and I did without knowing why. the officer didn't give me a form saying my license isn't suspended or anything.

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.

Q:  What will most likely happen to my case?  The cop pulled me over because he said I was swerving. I was supposed to make a right but the gps rerouted and I just went straight instead (I didnt switch lanes). Thereafter the cop asked if I had been drinking and he asked me to go down and take BAC which resulted at .078 I informed him that I only had a bottlw of beer. He then again took another BAC and it went down to .074 they also did the finger test and said there was no impairment. The other cop then asked if there was alcohol in my car and I said "there shouldn't be" but later found two bottles of vodka as they searched my car when they asked my friends to go down. I then did the field sobriety test and the cop said in his opinion I am impaired note that I asked for my jacket but he said he''ll finish the FST first. They then cuffed me and took me to the station and did another BAC and results are .07 and .06 they detained me for a bit and thereafter took my fingerprints and then gave back my license and provided me a blue slip. The cop said I just need to go to court and my case will be 100% dismissed. I wonder if this is true.

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. 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.

Q:  My friend who's an alcoholic with 3 D.U.I.S hit a vehicle there was very little to no damage to both cars. However she left that scene because she has a suspended license due to her previous arrest. That other party followed her to her apartment and called police.when they arrived one hour or so later she had been drinking,she was tested at that police station.What is that likely hood of her getting convicted of a 4 DUI and possibly getting maximum sentence her last DUI was bout 2.5 yrs a go.

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 drivers license that are time sensitive.

Q:  I got a DUI 1 month before I turned 21, but my trial was 2 weeks after my birthday. My case was for under the influence, but my question is can I drink right now that I'm 21 but I'm in a 3 year probation.

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.

​Q:  What do I need to do to get my license back after completing all my classes and paid fines after a DUI seven years ago? Seven and a half years ago I was arrested for a DUI. I competed all classes and paid all the fines, but never applied for another license. I now would like to get my license reinstated, but don't have the completed class paperwork and don't know how to obtain it since that company is no longer in business. What do I need to do prove completion to get back on the road legally?

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

Q:  What are my fist steps after getting released from being arrested from a dui? I was arrested for dui but I was under a .08. I am not sure what to do next. I scheduled my DMV hearing but do I need a lawyer for that and for court date? I need a public defender how do I do that?

​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.

Q:  I got a my first dui . I have a clean record. Never been arrested before. Do I need a lawyer? I have yet to get my blood level y

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 are 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.

Q: Can I fight the dmv on an interlock?  Dui 6.5 years ago..driving on susPended over a year ago...got my license back went to court dropped fron driving on suspened to no license..now dmv wants be gave one for a whole year. I can't afford it or think under circumstances it's fair.

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

Q: Hello. I was pulled over this morning for going 10 over. I am on DUI informal probation, arrested 8/2015 and convinced 3/2016. Is this in violation of my probation or will it just be a fine? Also... Will I qualify for traffic school? The only things on my driving record are the DUI and it didn't involve an accident.

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).

Q: Will this disqualify me from the program? I was arrested for a DUI in Feb 2015. I was trying to help a friend out and stupidly said I had driven to where we were when the cops contacted us. But was never physically seen in the drivers seat, or driving. No formal criminal charges have been filed still. I have recently decided to get into law enforcement and am signed up for reserve officer training. I have to do a doj background check and fingerprinting. I am sure this will come up, but since I was not ever charged or convicted will it affect my chances of being in the program?

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 DAs office and verify that the DA has indeed rejected the case. Best of luck.

Q: Delay in conviction? I was involved in a vehicle accident (08/14/2016) leading to me hitting parked vehicles and no one was injured. the police came to the screen and did a sobriety test which I passed. then he had me do a breathier, I blew 1.0 at that point i was arrested me. I am unsure if he read me my rights. I was put in handcuffs and my driver license was taken. He took me to the police station to do another breathier test with a different machine. I don't recall getting my fingers printed, but I do remember giving my thumb put for the 30 days driver license paper. I called to follow up with DMV regarding my driver license and they informed me that the DUI is on my driving record and that my dl was suspended. (still haven't been convicted) I was given a citation with a court date on the bottom which was 2 months out from my accident date. I showed up to the San Mateo county court house and i was not on the hearing list. I checked in with the county clerk and she informed me that the DA still haven't filed the paper works. I called the Daly city DA office in November to follow up and they again informed me that no paper works has been filed yet. I just want to know if and when i will be charged.

A: The DA has up to one year from the date of arrest to file charges on misdemeanor DUI charges. It is entirely upto 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

Q:  How many times can you get reinstated in a dui class?  i was terminated from my 9 month dui class with only 8 classes left. Due to not being able to afford it. What can i do? I need my license. And does the length of time since it happened matter to the dmv and courts. I cant get back in or transfered unless i pay the balance of $417 + $85 re-enrollment free. I do not have close to that amount. Help​

A: you should contact the Public Defender who handled your case to put it on 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.

​Q: How can they give you blood test for dwi on a prescription narcotic when you take them every night

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 does the medicine impair 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. 

Q:  I just got a DUI and a couple years a go I had got one but it wasn't filed. Does this count as a second one? 

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.

Q:  What liability if any is involved in signing for someone who has no income and needs a Public Defender?

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. 

Q:  Can I get house arrest for driving under restraint charge?

A:  I do not believe that driving under restraint includes only a jail or work release sentense. You should be able to request that the Court authroize 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.

​Q:  What is the statute of limitations for felony dwi?

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.

Q:  Suspended license what can i do?

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.

Q:  Can I be charged with a dui for smoking pot and driving on camera?

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). 

Q:   I recently crashed my car, I'm not sure if I fell asleep but I was knocked unconscious. When I woke up , I was surrounded by paramedics who took me to the hospital. The hospital held me for 6 hours then realeased me. At no point did a police officer talk to me , so there was no failed sobriety or b.a.c. Test given. Also I was not read my Miranda rights. Today I received two letters from court saying I'm charged with DUI and open container , and the other letter charging me with reckless driving. I feel I have a case. What do you think ?

A:  You need to hire an attorney. The government can prosecute you for OUI without field sobriety tests or a breath test; they do so regularly. Likely, the paramedics were interviewed by law enforcement, and will provide observations that you smelled like alcohol, you were incoherent, looked disheveled, then combined with the fact that you crashed your car and had an open container, there's certainly enough to charge you. Later, the government will also likely seek to obtain your medical records as well. If any blood was taken in the regular course of checking you, that blood test can establish the amount of alcohol in your system. The medical professionals can also testify as to your behavior, smell, the way you appeared, etc. 

A:  Is there a statue of limitation on being convicted on a dui?

Q:  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 speedy trial, you are saying that you are ready for trial and no further discovery will be conducted. 

Q:  I was pulled over last night after making an illegal turn in Arizona after getting off of work to use the restroom at a nearby 7-eleven given my home is over 30 minutes away. I underwent numerous test by the deputy to test for a DUI/DWI. I admitted to smoking earlier but was not high at the time. One of the test taken included a blood test. I am sure the blood test will show the marijuana in my system I had smoked about 8 hours prior. I received no ticket or documents. The deputy did tow my car and I paid $180 to get it out. What will happen next?

A:  If the active metabolite (THC) comes back in 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 cops 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 did 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.

Q:  How did i get a dui if i wasnt driving and was in passenger seat?

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 were 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.

Q:  What is protocol for a second offense DUI 2.7?

​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 vehicle is not taken, you will lose use of it for 90-180 days 
- 30-90 days of community service 
- $1,000 annual driver’s responsibility fee for two years 

Q:  My sister hit a parked car was drunk has a suspended license and the cops brought her home not jail why?

​A:   My guess is they got the evidence , impounded her car, and booked her. She also most likley 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.

Q:  Parked in a parking lot of a gas station, to sleep for a while in the drivers seat, very early morning hours in my camper during a vacation trip. Along comes and officer wakes me up and charges me with DUI. Although I had drank a beer earlier that day. It was medication I was on that made me appear in a drunken state of mind. I refused a breathe test but requested a blood test which he refused to give me.

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).​​

Q:  Can i reduce a sentence on a 3rd dui?

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

Q:  Can I fight the dmv on an interlock?

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

Q:  How can they give you blood test for dwi on a prescription narcotic when you take them everynight?

​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 does the medicine impair 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. 

Q:  Do you have to go to court first before you can sign up for dui classes

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

Q:  Will I get jail time for not doing my community service on time?

​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.

Q:  Will I face jail time for driving while on driving probation and getting in an accident?

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.

Q: How long does DUI stay on dmv record?

A:  A conviction is on your record forever.

Q:  What does a Marijuana (obs) merged charge mean when given a dui for alcohol? In 2003, i received a dui for alcohol after leaving a party. I was given 30days suspended license and alcohol classes. I thought the marijuana charge was dismissed, but upon receiving a background check 13yrs later, it was brought to my attention that the charge says "merged" and not dismissed.

​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.

Q:  Can I be charge with DUI , if I pull over at gas and cop was sitting there

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

Q:  Is it possible to get a DUI while riding a bicycle?

​A:  DUI requires operation of a motorized vehicle. so unless its a motorized bike you are fine in so far as the DUI law.


Q:  Can the police use both breathylizer and blood test against you in court . Can they give you a breathylizer without your knowing?

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

Q:  Why Am I told to get a interlock when my license suspension is over?

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.

Q:  What happens when u get charged for a DUI as a juvenile but got dismissed in court. Later after turning 18 u get arrested again for DUI ..WHAT ARE THE CONSEQUENCES AND CAN the DA refile 

​A:  The consequences of DUI can be a bit complicated and require quite a few more facts then 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 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.

Q:  I was waiting for a tow truck standing outside of my car. An officer came by and asked what was going on. I told him I was waiting for a tow because my tire popped. At the time he asked if I had been drinking I told him I did have a few drinks. He did not test me or my girlfriend at that time. He then left and I sat in the car to make a call and he came back by and tested me for alcohol at that time. I was not even driving. I got a .13 he never tested my girlfriend. What are my chances on fighting this DUI or even reducing it as a Wet Reckless? My girlfriend was driving me home but he only tested me.

​A:   they have to prove YOU were driving. if did not ask and you did not admit driving, then u have a great defense. they have burden of proof. same for the dmv. can girlfriend testify she was driving.


Q: Do I have to retake an alcohol program if I already completed one for the same offense in another state?

​A: Yes, you can file a writ of mandamus to challenge the dmv in court.

​Q: Is there a statute of limitation for not completing a dui program ?

​A: No. If you want a drivers license and you were/are required to attend the DUI program to get a license, then you have to attend the DUI program.

Q:  I drank 2 24oz beers today if I get tested 4 alcohol tomorrow will it show in my urine test its now 230pm say I test at 1130am?


​A:   Need more info, your height , weight, 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

Q: So by law a third dui within a 5 year period is a life ban from purchasing a firearm does this then mean at some point you can?

​A: Oh yeah no firearms for you ever sorry

Q:  Recently I was asked, the DMV has continued my hearing three times, because the CHP officer has not shown, what can I do?  
What has normally happened in this type of situation is that the DMV set the hearing and subpoenaed the CHP officer.  The CHP officer most likely did not show because he was either not served personally or he was on vacation.  This is a problem for the DMV.  Under penal code 1328, that particular code states that if a police agency is served, then the officer is deemed to have been personally served.  What does this mean?  

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 is that 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. 

Q:  How soon after the DMV hearing will my license suspension begin?

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 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 that you might have your license suspended 9 to 15 days after the hearing date.  

Q:  My husband was driving on a suspended license.  How much jail time will he do?  

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 a 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.   


Q:  It's been 10 years since my DUI, I completed my jail time but did not complete DUI classes. Will DMV allow me to get a license?

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.

Q:  Can one get a dui expunged if probation for the dui is already completed but is now serving 1 year probation for a susp licence

A:  One can try, but one of the requirements for a PC1203.4 dismissal is that you are not presently serving a sentence or in probation. You'll need to wait. The relief provided is minimal anyway.


Q:  What happens if I am late in submitting the document that shows proof of ID Installation to the court?

​A:  Most likely 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. 

Q:  What is the minimum and maximum sentence in California for a first time DUI with injury?

A:  The minimum is no jail and the max could be 7 years in prison if filed as a felony with a GBI enhancement. 


Q:  I got a dui in AZ 9 years ago. I still have not done the ignition interlock. As a result I have not been able to get a CA license. Will 
This come off of my record if I don't satisfy the ignition device requirement?

​A:  If the IID requirement was part of 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.

Q:  DUI took place 9 years ago, never dealt with it. Currently taking DUI classes and driving on restricted license. Is it ok to have a couple beers and drive?

​A: Sounds like a bad idea, no? Ask this question in class and see what they say.

Q:  What are the penalties for a first time Felony DUI charge in CA?

​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 who 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 will never drink and drive again. Good Luck.


Q: Is an Admin per se a Misdemeanor charge?

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. 

Q: What's the quickest way to get driver license back with a BAC result under 0.08% while awaiting court hearing?

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.

Q: 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?

​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











​courtesy of avvo.com