Mindy H McQueen's Answers

Will I Lose my d. license if I'm under .08 bac.? Ive been charged With DUI? 1st time for dui Will they give me a notice?

You may lose your license if you have a commercial drivers license; you should not if you have a regular, Class C license, unless you are convicted of a DUI in court. If you are convicted of a DUI in court, your license will be suspended, but you would immediately be eligible to apply for a restricted license if you met certain requirements (SR22 is posted with the DMV, you enroll in the alcohol classes, and you pay a reinstatement fee to the DMV). If you are convicted of a lesser offense (...

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I was supposed to do an 18 month class in california for dui, but i moved to texas.

You should call the DMV mandatory unit in Sacramento @ (916) 657-6525. Be sure that you call them from a Non-California area code. Tell they you have moved out of California, and do not intend to return (if that is the case), and ask them to send you a form expempting you from having to do the alcohol school. The California DMV does not recognize any out-of-state alcohol schools, so you need to get the waiver. If they approve the waiver, they will put a 2-year "hold" on your California license,

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Can i do inpatient treatment center instead of dmv court ordered dui classes?

Congratulations on tackling an alcohol problem. Unfortunately, the DMV will not substitute an 18-month in-patient treatment program for the 18-month alcohol school, unless that program was licensed pursuant to Section 11836 of the Health and Safety Code Section . You should check with the in-patient program, and find out if they are licensed under Section 11836-if they are, that would satisfy the DMV 18-month requirement; if they are not, the DMV will still require you to complete an 18-month...

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Is it possible to get house arrest on a 3 rd duo in Ventura county?

Possible yes. My practice is based in Ventura County, and I can tell you that in the past house arrest was not an option on a 3rd. It still may not be, but there is more of a chance for it now with the "Realignment"--a whole new sentencing scheme where they are going to send a lot more people to county jails, who would normally have been sent to State Prison. It may be that the county jails get so crowded that they have to explore other options. BTW--the DA will be after a sentence of 130...

I live in California and received a second DUI over 15 years ago. I enrolled in the necessary program, but never completed it.

It sounds to me like the DMV took action against your license, even though a criminal case was never filed against you. If a criminal case was never filed, there were likely problems with the case, but the DMV normally doesn't concern itself with such details (unless you request a hearing). The benefit of having retained an attorney then was to have hopefully have won your DMV hearing--that would have given you full driving privilieges without having to jump through hoops now 15 years later....

I got my 2nd dui in ventura county and was on probation from my 1st dui in l.a county, will a ventura judge charge me with a vop

No, the judge in Ventura County can not, and will not go after you for the Violation of Probation (because you were not on probation for the first one in Ventura, you were on probation for the first one in LA County). However, it is possible that LA may file a Violation of Probation against you on your first DUI case.

I got my 2nd dui in ventura county and was on probation from my 1st dui in l.a county, will a ventura judge charge me with a vop

No, the judge in Ventura County can not, and will not go after you for the Violation of Probation (because you were not on probation for the first one in Ventura, you were on probation for the first one in LA County). However, it is possible that LA may file a Violation of Probation against you on your first DUI case.

Can a secone dui throught the dmv be charged a my first in the courts if the first dui case wasn't picked up by the courts?

Yes, if the first case was never filed by the DA within a year after the arrest, this new case will be filed by the DA as a first offense. Unfortunately, it will be viewed as a 2nd by the DMV. You don't mention your age, but on a 2nd APS action, the DMV would take your license for 1 year. However, under a new law, if things are timed properly, you would be able to limit that to a 3-month suspension, or if the DMV hearing can be won, there would not be any suspension imposed. Because you are...

Got my first dui last night

The first thing that must be done is to contact the DMV and request a hearing to contest the suspension. Assuming that you are going to hire an attorney, it is better to let the attorney contact the DMV. Ventura County is a very tough, but victories can still be had. If you are goint to hire an attorney, make sure that you hire an attorney who specializes in DUIs in Ventura County, because Ventura is unlike any other county in California. You can get a lot more information about Ventura...

Can you still be cited for a wet reckless or dui if you were not arrested after being in a car accident that night?

That's hard to say-yes you can still be cited later, even if you weren't arrested. Although the question of whether or not you would be charged with an infraction or a DUI is hard to say based on the limited facts you presented. If you are over the age of 21 and hold a Class C license (vs a commercial license), it does not seem likely that you would be charged with a DUI on the facts you have given. However, you would be best-served to retain an attorney who specializes in DUI defense to...