Terry Alan Wapner's Answers

Will a DUI show up on my background check?

A juvenile adjudication is technically not a criminal matter, but a civil one. You should not have an issue with this on employment applications. That being said, if your potential employer looks at a driving record, it will show up.

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Question regarding minute order

It appears you were convicted of an alcohol related reckless driving (23103/23103.5) instead of the DUI charge.

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How will my past conduct and responsibility factor in to my 4th DUI charge?

The fact that you completed previous DUI schools ordered by the court, although good, will likely not make a difference in your new case. The simple fact of the matter is that this is a 4th and a new event with pretty serious consequences. You should absolutely hire a lawyer to represent you. You're facing prison, which might be mitigated with help. You should have a DUI specialist who can fight!

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California DMV Question For DUIs

If I understand you correctly, you have one DUI criminal conviction and no administrative suspensions. The DMV will treat your current DUI as a second offense as will the courts. In order to be completely accurate, however, I would need to see your DMV records. You really should speak to a DUI attorney to resolve these issues.

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Can you get a restricted license when the suspension was ordered by the court?

The DMV and court process are separate proceedings and may have different start/stop dates. The court is no longer suspending licenses, however, they do revoke and probably did that as a result of your felony DUI conviction. Without knowing more, You are likely revoked until the court tells you otherwise. You should seek the advice of a qualified DUI attorney in your area for help. The DMV is very complicated and it takes an understanding of DMV as well as DUI laws to figure it out. Good luck!

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I still don't understand my suspension!

Blame this on the legislature. There is an administrative proceeding and the criminal conviction which will both cause your license to be suspended. Even if you were not placed on probation, the criminal conviction for DUI will cause the DMV to suspend your license for 6 months. You can get a restricted license, however, you may not get your full privilege back until you comple a DUI school. You should seek out an attorney who specializes in DUI cases. Go to the California DUI Lawyers...

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Can I fight the Ca DMV to get my license back? I was arrested exactly 13 months ago and never charged.

Yes you can go back to the DMV with a form called a DS 702 which is a form signed by the DA as to why they didn't file. This will give you a chance to a new APS hearing. You should contact a DUI attorney for help.

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If the driver is clean, will officer check out the passengers if he/she has been drinking?

It is certainly possible. Theoretically, they could be arrested for being drunk in public. It may happen depending on how they act during the initial stop

Five year ago arressted on dui under 21, never went to court. now dmv is bringing up the case. can i fight it?

The first question I would have is why are they bringing it up? Is there a new case you were arrested on? If the DMV took action by suspending your license on the under 21 case, they will use that to call this one a 2nd DUI for administrative purposes. You wont have this issue in a new DUI criminal action, however. You should contact an attorney to help you navigate through these issues.

DUI Motion to Suppress- continuance

Every case is different and the defenses will rest on the facts of your particular case. Given that, generally, time is on your side. The longer it goes, the case won't get any better, but it may get worse for the DA. Things happen and sometimes the DA may just want to get rid of the case and make a better offer because of it. As long as you are able to, continuing the case is not really a bad thing. Talk to your attorney about it.