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Genoa Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Genoa Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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Commonly Asked DUI/DWI Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

On your first offense, if convicted for a DWAI, does the DMV typically make you install an interlock device and how long do you have to have it?

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Answered by attorney Steven Joseph Pisani (Unclaimed Profile)
DUI/DWI lawyer at The Law Offices of Steven J. Pisani, LLC
The DMV typically has a hearing to determine the length of revocation and the reinstatement requirements. The interlock requirements vary depending on certain circumstances like your BAC and prior driving record.
The DMV typically has a hearing to determine the length of revocation and the reinstatement requirements. The interlock requirements vary depending on certain circumstances like your BAC and prior driving record.
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Can my son get his DUI dismissed since he didn't take the breath test?

Answered by attorney Philip Daniel Hache
DUI/DWI lawyer at Law Offices of Phil Hache
The citation and charges will not include the blown headlight as they have the DUI which is a much more serious charge, so they don't worry about the infraction on the charging document. If your son refused to do a breath or blood test, it is likely that they are also going to charge him with a refusal enhancement to increase the potential penalty. It can be helpful in defending the case if other officers pulled him over minutes earlier and let him go, but it is very unlikely that the charges will just get dismissed because of that, and as I mentioned earlier, refusing the breath test actually increases the potential penalties. He needs to have an experienced DUI attorney review and handle this case.
The citation and charges will not include the blown headlight as they have the DUI which is a much more serious charge, so they don't worry about the infraction on the charging document. If your son refused to do a breath or blood test, it is likely that they are also going to charge him with a refusal enhancement to increase the potential penalty. It can be helpful in defending the case if other officers pulled him over minutes earlier and let him go, but it is very unlikely that the charges will just get dismissed because of that, and as I mentioned earlier, refusing the breath test actually increases the potential penalties. He needs to have an experienced DUI attorney review and handle this case.
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If the officer didn't see me drive can he arrest me for DUI?

Answered by attorney Nathaniel D Shafer
DUI/DWI lawyer at Natty Shafer Law
It all comes down to your credibility versus the officer's credibility. Generally, juries and judges tend to favor police more than citizens when they are assessing who to believe, but specific places in the country that isn't true. I would talk to a lawyer and see if there are any issues for suppression and have someone who can look over all the facts give you an honest assessment.
It all comes down to your credibility versus the officer's credibility. Generally, juries and judges tend to favor police more than citizens when they are assessing who to believe, but specific places in the country that isn't true. I would talk to a lawyer and see if there are any issues for suppression and have someone who can look over all the facts give you an honest assessment.
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