What should I do if I was accused of DUI and do not have a license? 36 Answers as of June 24, 2011

I don't have a license in this country or any other country. I was arrested for DUI because I was sleeping in a vehicle 2 houses down from my own. Police accused me of crashing twice. What should I do?

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Get a lawyer. The license aspect is not directly related to the DUI charge. You need a lawyer to review the potential legal defenses available. Stay well.
Answer Applies to: Alabama
Replied: 6/24/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
You should consider hiring an attorney. The Court may tend to be severe is you are convicted of DUI and you have no drivers license.
Answer Applies to: Alabama
Replied: 6/17/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
You should contact an attorney and hire them to represent you A person, whether licensed or not, can be charged with a DUI. If you were operating the vehicle, y ou can be charged. In Michigan, having the present ability to operate the vehicle can be enough, so sitting in the driver's seat could be enough evidence.
Answer Applies to: Michigan
Replied: 6/17/2011
Law Offices of Scott G. Hilderman
Law Offices of Scott G. Hilderman | Scott G. Hilderman
You should get a lawyer. This is a very serious offense.
Answer Applies to: Montana
Replied: 6/16/2011
The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
You should hire an experience DUI attorney to represent you. Whatever the best result for your case may be, it is only best served with help of a qualified DUI lawyer. Good luck.
Answer Applies to: California
Replied: 6/16/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    You should certainly consider hiring a DUI defense attorney in your local area. You will be facing DUI charges and various other traffic violations for operating a vehicle without a license and hit and run driving (if the police believe you left the scene of any accidents you were involved in). If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 6/16/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Your summary states that you were arrested for DWI while sleeping in a car. The police are accusing you of "crashing twice" which could mean that you are accused of two hit and run accidents or that you had two separate car accidents with some objects. You state that you do not have as license, but I will assume that you had permission to drive a car that was properly registered and insured. Drunk driving is like shooting a gun at a moving train and hoping that you don't hit anyone with the bullets.I assume that you crashed into two other parked cars and did only property damage since you did not mention that anyone was injured or killed. You will probably be convicted of DWI if the police can prove that you were operating the vehicle and that you were intoxicated at the time.Since you were not injured or killed and hopefully no one else was injured you got lucky this time. I'm sure that you have learned a valuable lesson and will get a license in the future and learn how to drive safe and sober. That means wearing a seat belt, obeying all traffic rules, and staying a safe distance away from the car ahead of you. Good Luck.
    Answer Applies to: New York
    Replied: 6/15/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The offense of DUI is much more serious than driving without a license. Depending on the state your alleged crime occurred, you may get the driving without a license dismissed on a plea to DUI. Depending on the state law where you were arrested, you may be prosecuted for actual control of a vehicle while intoxicated whether the car is on or running when the police arrive. There may also be witnesses who saw you crash and called the cops. DUI law is different in each state. I suggest you contact an attorney in the county where you were arrested. An attorney can help you to better understand the charges against you; explain your different options and make a recommendation on whether your should plead guilty or go to trial. Depending on your immigration status, you will probably want to consult with an immigration attorney too before you plead guilty. There may be additional consequences for a DUI conviction if you are in the country illegally or even legally. A criminal defense attorney may not have much training in immigration law. However, it would be a shame for you to plead guilty blindly only to wind up being deported or even excluded from the USA because of a criminal conviction without first speaking with competent counsel.
    Answer Applies to: Washington
    Replied: 6/15/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Sounds like you may need a lawyer, especially if you have another previous DUI. Do not admit fault to anyone. Your license revocation will also be continued for a period of at least one year. If you need more help or want a free consultation, call me.
    Answer Applies to: Colorado
    Replied: 6/15/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    For purposes of the Criminal Case, the lack of a license will make little difference. To assess your DUI charge we need to look at two things: Can the Police prove that you were driving the car,and Can they prove when you got drunk( if you were ) The D.A. tries to prove it by circumstantial evidence. If he can't, you win.
    Answer Applies to: California
    Replied: 6/15/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You can plead guilty and go to jail, OR you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? If there are valid defenses, facts, evidence, witnesses, sympathies, etc. that would allow an attorney to defend the charges and keep the prosecutor from proving the case as alleged, then the case could be won. Won through motions, won at trial, or won by negotiated plea, reduction or dismissal. You won't know until you consult with counsel with ALL the facts. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Keep in mind a little free advice: When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
    Answer Applies to: California
    Replied: 6/15/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    You definitely need to hire a lawyer to represent you. DUI involving accidents can be very serious. As far as not having a license in this country, that does not matter. Your privilege to obtain a license can be suspended.
    Answer Applies to: Texas
    Replied: 6/15/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Clearly, you should retain a criminal attorney to help you and, if you cannot afford one, you should seek help from a public defender. Good luck!
    Answer Applies to: Georgia
    Replied: 6/15/2011
    Law Offices of Carl Spector
    Law Offices of Carl Spector | Carl Spector
    Take some time and interview several attorneys. Then retain an attorney that understands your case and that you are comfortable with. Good Luck.
    Answer Applies to: New York
    Replied: 6/15/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Hire a lawyer and defend yourself. The police have a difficult case ahead of them and you might just win this one if you fight hard enough. Good luck.
    Answer Applies to: New York
    Replied: 6/15/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    The fact that you had a license doesn't really have much to do with anything. You're bigger problem right now is the DUII. Get a lawyer and fight the DUII! If you don't you likely won't be able to get a license in the future.
    Answer Applies to: Oregon
    Replied: 6/14/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You can be convicted of a DUI for sleeping in your car. You question really requires you to hire an attorney, because it is not something you can defend on your own.
    Answer Applies to: Nebraska
    Replied: 6/14/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    You can face fines and jail time if convicted of dui. An experienced dui attorney can review the case and assist in getting the best outcome.
    Answer Applies to: Connecticut
    Replied: 6/14/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You must either hire an attorney or, if you cannot afford one, ask the court to appoint one for you free of charge. You have to defend yourself against the charges. It's as simple as that. The impact of not having driving privileges at the time is that you can be charged with one or more separate offenses for driving without a valid license and, instead of suspending your license should that come to pass, they will just suspend or revoke your driving privileges.
    Answer Applies to: New York
    Replied: 6/14/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    If all you were doing was sleeping in the car, you should plead not guilty and take the matter to trial. You would benefit from the assistance of an attorney.
    Answer Applies to: Michigan
    Replied: 6/14/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    You will face a driving without a license charge as well as the DUI. Contact a lawyer immediately.
    Answer Applies to: Michigan
    Replied: 6/14/2011
    Lowenstein Law Office
    Lowenstein Law Office | Anthony Lowenstein
    You need a lawyer to assess whether you have a valid defense to the DUI charges.
    Answer Applies to: California
    Replied: 6/14/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You need to retain an experienced criminal attorney right away! You could be facing very serious charges and if you are not a citizen in this country, that could have consequences as well. If that is the case you should consult with an immigration attorney as well.
    Answer Applies to: Michigan
    Replied: 6/14/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Don't talk to the police. Talk to a lawyer. If you can't afford a lawyer, the court will appoint one. If you weren't driving, you're unlikely to be convicted at trial, but you need to talk to a lawyer about that.
    Answer Applies to: Oregon
    Replied: 6/14/2011
    The Law Office of Rosanne Faul
    The Law Office of Rosanne Faul | Rosanne Faul
    You need an attorney. If you were sleeping in your car and not driving the vehicle, you should not plead to a DUI. If you were driving previously, the prosecution still needs to prove that you were driving under the influence or at a .08 or greater. The license issue is not connected with the DUI, other than you may be charged with an additional count of driving without a license.
    Answer Applies to: California
    Replied: 6/14/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    Hire the best criminal defense attorney you can afford.
    Answer Applies to: Missouri
    Replied: 6/14/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    Answering based upon Colorado law, you should get an attorney. You don't state whether you are an American citizen. If you're not, there can be potential immigration consequences, and you need to consult an attorney experienced with those type of issues.
    Answer Applies to: Colorado
    Replied: 6/14/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Hire an attorney. You need an attorney to get out of this mess.
    Answer Applies to: California
    Replied: 6/14/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    If you were in vehicle and were drunk, you don't need a license to be charged.
    Answer Applies to: Pennsylvania
    Replied: 6/14/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Hire a DUI specialist to present a no-drive defense for you in court. Make sure you don't wait too long, as the DMV will only wait 10 days for your attorney to request a hearing.
    Answer Applies to: California
    Replied: 6/14/2011
    Tracy L Henderson, Attorney at Law
    Tracy L Henderson, Attorney at Law | Tracy L. Henderson
    Fight the case and get an attorney. It sounds like they have no evidence of driving and that is an essential element.
    Answer Applies to: California
    Replied: 6/14/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    Hire an attorney. Fight the case. Depending on what your state requires, you may have a legitimate shot at winning. If you have special immigrant considerations (ie, undocumented or a resident) than you should already be speaking with an attorney about the effect of jail time, if any, and immigration related consequences.
    Answer Applies to: California
    Replied: 6/14/2011
    The Law Office of Mark Schamel
    The Law Office of Mark Schamel | Mark E Schamel
    Hire a lawyer This is not something you can handle on your own.
    Answer Applies to: District of Columbia
    Replied: 6/14/2011
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