Legal Articles

Delayed DUI BAC Test Result Accused Requested



The person arrested on a DUI charge has ordered his or her own blood alcohol content (BAC) test.  It is nearly the day of the accused’s hearing and the BAC results have not arrived for the accused’s use.  The accused is wondering what is happening and what to do.  The accused has been waiting two […]

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Penalties Etc. for a Second Connecticut DUI



The following are clear cut bullets of what is the likely fallout from a 2nd DUI in Connecticut (CT) – taken from the text of the CT state law: If 21 years or older Jail time is up to two years, with a mandatory minimum of 120 consecutive days and probation with 100 hours community […]

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Impact of Out-of-State DUI



Consider the scenario where a person is out of state and is arrested for DUI.  What impact does this event have on that person back in the person’s state of residence?  While each state is sovereign and has its own laws and penalties around DUI the states do essentially the same things and are fairly […]

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The Point Where One Looses License in Georgia DUI:



Scenario:  Arresting officer states that the accused has had his or her driver’s license suspended.  Accused has not yet gone to trial or even had a hearing.  The accused is confused. What is not made known is whether or not the accused took or refused a breathalyzer or chemical blood alcohol content (BAC) test.  If […]

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Expunging DUI in California



The reasons for having a California DUI expungement are to: — withdraw a DUI plea — obtain an Order setting aside the DUI conviction, — enter a plea of Not Guilty, and — obtain an Order of dismissal of the accusatory DUI pleading; This can occur with a successful request to the Court for review […]

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For 2nd DUI While on Probation in California



Set the stage, but a little differently:  A person is arrested for a DUI while out on probation for a 1st DUI.  Accused’s attorney says to stay in jail instead of bail, but the accused is released from jail without bail having to be posted.   This seems odd.  The person’s probation officer logs the probation […]

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Take a Chance: Plead Guilty to DUI without a Lawyer



Every state, every jurisdiction has laws against drinking and driving.  Be it driving under the influence (DUI) or some other acronym or name, it is the same thing.  Every state and jurisdiction has its own penalties and fines and uncomfortable results for a person who is arrested and convicted of such a crime.  The penalties […]

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Potential for Arrest: Outstanding Warrant While at Florida DMV



Set the stage:  A person is arrested for a DUI while out on parole.  Makes bail for the DUI and the person’s parole officer logs the parole violation.  Parolee’s lawyer says to take a DUI class, but it requires an ID that the parolee does not have.  To get such an ID, the parolee must […]

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US Citizen Visiting Canada: Problems and Resolutions for 10+ year old DUI



Any person who wishes to enter Canada is required by Canadian law to declare any conviction to the customs agent whether asked or not. If a person does not make such a declaration and then it is discovered or questioned after entry, that person can be charged for illegally entering the country, which is serious […]

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“Implied Consent”: Driver’s Preemptive Agreement to Blood Alcohol Testing



Scenario:  A driver has had a few beers or even just a couple of glasses of wine over dinner with friends.  While driving elsewhere, even on the way home, for whatever reason, bright colored lights, a “wooo, wooo” of a siren, and the driver realizes that it is a police cruiser behind that is doing […]

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Chances of Winning a DMV DUI Hearing in the State of California



California (CA) is just one of many states in our fair Union that is very serious about its “driving while impaired” (DWI) and “driving under influence” (DUI) laws.   CA has mandated penalties for initial offenders and it holds very tightly to them.  But, by the same statutes, it demands that its police officers attend as […]

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Obtaining Passport with Recent Felony DUI



Federal law specifies reasons a US citizen must be denied and could be denied a passport.  Most, if not all convicted felons will have no issues getting a US passport. A person’s passport holds no information about the person’s criminal record and does not provide a person any statement of character. One’s passport simply identities […]

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Canada, and Other countries, Can Refusee Entry due to Reckless Driving, Misdemeanor DUI.



Most people believe without any question or doubt that Canada has “open borders’, allowing almost everyone in the country. This is definitely not true. The Canadian Customs and Immigration Officers have an ultimate authority by law to allow and refuse anyone entry to Canada.  Nobody, no one, has an unquestionable right to enter Canada. Most […]

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Beating a DUI Charge after Refuseing a Breathalyzer Test



As most people, experts and those with experience related, the refusal to take a breathalyzer test is an automatic loss of license in most, if not all, states in the United States.  In these states there is a requirement that you knowingly, or unknowingly, accept when you sign an application for a license.  This requirement […]

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How to Get License Reinstated in Illinois after a DUI



Every person that related his or her individual experience with Illinois DUI driving law stated that only after completing, fulfilling, each of the actions the judge required of the convicted person ( the “person”), only then was it worth going to the Illinois DMV to seek reinstatement of a revoked license.  Essential a direct quote […]

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DUI Probation Violation – What is likely to happen



It is often a struggle to try and figure out what part of probation do probation violators not understand. Brilliant move, it is.  It is also often a struggle to figure out why probation violators are so surprised by the fact that quite a bit of bad is likely to happen for being momentarily short […]

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Timeline for DUI to come off one’s record



In case people do not realize it, there are two sets of records that are impacted when a person gets a DUI conviction.  One is the person’s criminal record.  The other is the person’s driving record.  The posting of the conviction on a person’s criminal record never goes away. That is “never” as in “never”.  […]

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Joining the Army with a 1st DUI misdemeanor and a wavier



Many legal experts stated that the military takes DUI convictions very seriously, regardless of what and how the military is often portrayed in the media.  Coupled with other background information on the recruit, a DUI conviction can often be a reason for rejection.  Most non-experts said “yes”.  All of those who were in this situation […]

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Questioning If a Dismissed DUI Case Will Appear on the Accused’s Record



This question, as stated, takes three paths.  One path is the person’s driving record. The second and third are based on the whether or not that a dismissal was a DUI charge that was dismissed without prejudice, which this situation appears to be, based on the wording in the question, or if the DUI was […]

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The Worth of Writing a letter to the Judge for a DUI charge



On one point, the non-expert people seem split on writing a letter to a judge or having others write character witness letters to the judge.  Some say definitely do it as it will help, some say do not as it will not make a difference, and some say why not, it cannot hurt the cause.   […]

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