DUI & driving answers, page 2
DUI charges, blood and breath tests, DMV hearings and driving privileges.
Answers 32 to 62 of 62
Sorted by question. General information, not advice for an individual case. Search the whole library or choose another topic below.
How do I get the evidence for my California DMV DUI hearing?
How to request, and if needed subpoena, the evidence California DMV holds for a DUI hearing, when to ask, and what the discovery right does not cover.
Read answer DUI & drivingLegal answerHow do prosecutors prove who was driving when two people were in the car?
When two people were in the car during a DUI stop, prosecutors must prove which one drove. See the evidence and rules that decide driver identity.
Read answer DUI & drivingLegal answerHow do you find a DUI lawyer near you in California?
Searching for a DUI lawyer near me in California? Learn how to find the right court first, then the firm's offices by region and a free 24/7 consultation.
Read answer DUI & drivingLegal answerHow do you get a DUI case dismissed in California?
A DUI dismissal can follow an unlawful stop, a testing problem, a prosecutor's choice, or a judge's ruling. See the real paths and the DMV effect.
Read answer DUI & drivingLegal answerHow does a remote California DMV DUI hearing work?
California DMV Driver Safety hearings can be held by phone or video. Learn the legal basis, your right to object, and what stays the same.
Read answer DUI & drivingLegal answerHow does an out-of-state driver get a California DMV DUI record?
How a California DUI conviction creates a DMV record for an out-of-state driver, what the Driver License Compact requires California to report, and its effect.
Read answer DUI & drivingLegal answerHow long do prosecutors have to file DUI charges in California?
How long California prosecutors have to file DUI charges, including the longer deadline that applies to felony-eligible DUI cases.
Read answer DUI & drivingLegal answerHow long does a DUI stay on your record in California?
A DUI stays on your DMV record for 10 years, or 55 years with a commercial license. Your separate criminal record does not expire on its own.
Read answer DUI & drivingLegal answerHow many DMV points does a DUI add, and when is a driver a negligent operator in California?
A California DUI adds 2 DMV points. Learn when points trigger negligent operator action, including the thresholds and DMV's four NOTS levels.
Read answer DUI & drivingIs an ignition interlock device required after a first DUI in California?
An interlock is not automatic after a simple first California DUI. See when Vehicle Code 23575.3 makes it one of three routes or a mandatory 12 to 48 months.
Read answer DUI & drivingLegal answerIs it a separate crime to willfully break a written promise to appear on a ticket?
Vehicle Code 40508(a) makes willfully breaking a written promise to appear its own misdemeanor, no matter what happens to the original ticket.
Read answer DUI & drivingLegal answerIs it illegal to have an open container of alcohol or cannabis in a car in California?
Open alcohol or cannabis in a car is illegal in nearly every situation in California. The driver and passenger rules, the trunk rule, and the real exceptions.
Read answer DUI & drivingLegal answerIs it illegal to use a family member's disabled parking placard?
Vehicle Code 4461 lets someone else use a disabled placard only while transporting the holder. The exact rule and the civil or misdemeanor penalty.
Read answer DUI & drivingLegal answerShould I give an insurance statement while my DUI case is pending?
What you tell an insurer can be used in your DUI case. How the hearsay rule applies, what settlement protection misses, and what to do before a statement.
Read answer DUI & drivingLegal answerWhat does VC 23247(e) prohibit if I have an ignition interlock restriction?
VC 23247(e) bars driving any vehicle without a functioning interlock device while restricted, with jail time, a fine, and a separate license penalty.
Read answer DUI & drivingLegal answerWhat happens if a DUI blood sample is unavailable for independent testing?
If a California DUI blood sample cannot be retested, the result is not automatically excluded. Learn what records counsel can examine.
Read answer DUI & drivingLegal answerWhat happens if I have an outstanding warrant when arrested for DUI?
What changes, and what does not, when a person arrested for DUI in California also has a separate outstanding warrant, in the same or another county.
Read answer DUI & drivingWhat if body camera video contradicts my DUI police report?
A body camera or dashcam conflict with your DUI report does not decide the case alone. See how California law weighs the contradiction.
Read answer DUI & drivingLegal answerWhat if dashcam or body camera footage from my DUI stop is missing?
What it means if dashcam or body camera footage from a California DUI stop is missing, including discovery rules and preservation steps.
Read answer DUI & drivingLegal answerWhat if DMV says I refused a chemical test but I did not?
DMV must find four specific facts to sustain a refusal suspension. See what they are, what the officer had to tell you, and how to contest a wrong finding.
Read answer DUI & drivingWhat if I missed the 10-day deadline to request a DMV hearing?
Missing the 10-day DMV hearing deadline forfeits a live hearing, but not every check on the report or your separate criminal case.
Read answer DUI & drivingLegal answerWhat if I misunderstood an officer's DUI test instructions?
Confusion during DUI testing means different things for the roadside screening test, field sobriety tests, and the official chemical test.
Read answer DUI & drivingLegal answerWhat if my California DUI suspension notice went to an old address?
If your California DUI suspension notice went to an old address, DMV's mailing may still count. Learn the notice rules and what to do right now.
Read answer DUI & drivingLegal answerWhat if prosecutors cannot prove my prior DUI conviction?
A prior DUI you deny must be proved beyond a reasonable doubt. How California proves DUI priors and the narrow ways to challenge an invalid one.
Read answer DUI & drivingLegal answerWhat is a DMV reexamination after a traffic stop or crash?
DMV can order a driver safety reexamination after a crash, a traffic stop, or a pattern on your record. See the triggers, deadlines, and possible outcomes.
Read answer DUI & drivingLegal answerWhat is a drug recognition expert exam in a California DUI?
What happens in a California drug recognition expert exam? Learn who performs it, what it records, and how a DUI defense lawyer can test the evaluation.
Read answer DUI & drivingWhat is a dry reckless or exhibition of speed plea in a DUI case?
Dry reckless and exhibition of speed DUI pleas in California: their penalties, when exhibition of speed can be an infraction, and why neither is a DUI prior.
Read answer DUI & drivingLegal answerWhat is the Watson advisement in a California DUI case?
California courts must give the Watson advisement at any DUI, injury DUI, or wet reckless conviction, even a first. What it says and how it is recorded.
Read answer DUI & drivingLegal answerWhy did my roadside breath test and station breath test show different numbers?
Why a roadside PAS test and a station breath test can show different numbers in a California DUI case, and how Title 17 standards apply to both.
Read answer DUI & drivingLegal answerWhy Might a Hospital BAC Differ From a Police DUI Blood-Test Result?
Compare a hospital BAC report with a police DUI blood test by specimen, units, collection time and laboratory method before assessing a difference.
Read answer DUI & drivingLegal answerWill a DUI cost me the California good driver discount on car insurance?
A DUI conviction bars California's Good Driver Discount for 10 years under Insurance Code 1861.025, and a wet reckless can cost it for three. See the test.
Read answer