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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.

How can I have my DUI drop to a reckless opp.?

Answered by attorney Amanda Bowden Johnson
DUI/DWI lawyer at The Houser Law Firm, P.C.
Your case is most likely not in North Carolina. In North Carolina we have DWI not DUI. However, if some aspects of this type of case are universal. If law enforcement did everything properly and the .17 result is admissible. Your choices will most likely be to pled guilty or go to trial. .17**is over twice the legal limit in most states. There is no prosecutor or district attorney that I know of who would risk their career by reducing a DWI at .17 unless there is some serious defect with the case that would cause them to have a serious question about their ability to secure a conviction. You need to consult with an experienced DWI attorney to see if there are any defects in your case that could possibly be used to your advantage. However, like I said if everything was done properly, your attorney will most likely recommend a plea and will attempt to minimize the punishment aspect of a DWI conviction. It is a good thing that you were cooperative with highway patrol and have a good driving record. Often things like this are considered mitigating factors and could lessen any punishment you may receive. Good luck to you and please don't ever drive drunk again - remember it's not just you that's in danger on the road if you drive in that condition again.
Your case is most likely not in North Carolina. In North Carolina we have DWI not DUI. However, if some aspects of this type of case are universal. If law enforcement did everything properly and the .17 result is admissible. Your choices will most likely be to pled guilty or go to trial. .17**is over twice the legal limit in most states. There is no prosecutor or district attorney that I know of who would risk their career by reducing a DWI at .17 unless there is some serious defect with the case that would cause them to have a serious question about their ability to secure a conviction. You need to consult with an experienced DWI attorney to see if there are any defects in your case that could possibly be used to your advantage. However, like I said if everything was done properly, your attorney will most likely recommend a plea and will attempt to minimize the punishment aspect of a DWI conviction. It is a good thing that you were cooperative with highway patrol and have a good driving record. Often things like this are considered mitigating factors and could lessen any punishment you may receive. Good luck to you and please don't ever drive drunk again - remember it's not just you that's in danger on the road if you drive in that condition again.
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I had 3 DUI back when they had the 10 year rule and I was over that so I wasn’t charged for a felony back then is this correct?

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Answered by attorney Lucio Antonio Montes (Unclaimed Profile)
DUI/DWI lawyer at The Montes Law Firm
No. You likely signed a document stating that you were pleading guilty to a misdemeanor and additionally the judge signed a judgement stating the exact level of offense and the punishment for that offense.
No. You likely signed a document stating that you were pleading guilty to a misdemeanor and additionally the judge signed a judgement stating the exact level of offense and the punishment for that offense.
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Will an out of state probation officer find out about a drunk in public?

Cynthia Russell Henley
Answered by attorney Cynthia Russell Henley (Unclaimed Profile)
DUI/DWI lawyer at Cynthia Henley
Very tough question. First, did you have permission to travel? Probably not so that is a violation. You are also required to report contact with the police to your p.o. so if you don't, that is a violation. You are not supposed to be drinking, so that is a violation.... If you were arrested, then they can find it because you fingerprints and your new criminal history are in a database that all probation officers can access and they generally do just before they turn the file over to the judge for him to sign the order ending probation. you are in deep trouble.
Very tough question. First, did you have permission to travel? Probably not so that is a violation. You are also required to report contact with the police to your p.o. so if you don't, that is a violation. You are not supposed to be drinking, so that is a violation.... If you were arrested, then they can find it because you fingerprints and your new criminal history are in a database that all probation officers can access and they generally do just before they turn the file over to the judge for him to sign the order ending probation. you are in deep trouble.
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