frequently asked questions

How long does it take to get divorced?

- If have minor children with your spouse there is at least a 6 month waiting period
- If you don not have minor children with your spouse there is at least a 3 month waiting period
- These waiting periods can be waived if the judge determines there is a compelling necessity for the parties to get divorced

How is property divided?

- Marital Property is divided equitably between the parties
- Separate Property is generally kept by the party that has ownership of it

What happens to our house if we owe more than its worth?

- If one party is willing and able its possible to have the house refinanced in one party’s name.
- The house can be sold and the parties split the amount that is owed between the parties.

Will I have to pay child support?

- If one parent is given sole physical custody of the child, that parent will generally receive child support from the other parent

What happens to our house if we owe more than its worth?

- If one party is willing and able its possible to have the house refinanced in one party’s name.
- The house can be sold and the parties split the amount that is owed between the parties.

How much will I have to pay in child support?

- Its based on a number of factors but its basically based on the earning ability of the parents and the needs of the child

Who will get custody of the minor children? 

- If one party wants custody and the other does not then custody will go to the parent that wants to have the child
- Custody is determined by what is in the best interest of the minor child
- Generally, one parent will get sole physical custody and the parents will split joint legal.

What is the difference between OWI, OUIL, DUI and DWI?

None. OWI stands for "Operating While Intoxicated." OUI stands for "Operating Under the Influence of Liquor.” DUI stands for “Driving Under the Influence” and DWI stands for “Driving While Intoxicated.”  These are all different names for the offense of driving drunk, that is having a a blood alcohol level above .08. 

What is an Impaired Driving?

An impaired driving is a lesser offense that minimized the fines, driver's license restrictions and point on your insurance.  

OWI/DUI/DWI/OUIL vs. Impaired Driving Chart

For OWI/DUI/DWI/OUIL:
1. Up to 93 days in jail
2. 6 months Suspended License: 1st 30 days no driving at all, remaining 5 months Restricted Driving allowed.
3. Up to $500 in fines, plus costs
4. Up to 180 hours of Community Service
5. 6 Points on your Driving Record
6. $1000 Driver Responsibility Fee for 2 years
For Impaired Driving/Operating While Visibly Impaired (OWVI):
1. Up to 93 days in jail
2. 90 days Restricted Driving (180 days if Impaired by Drugs)
3. Up to $300 in fines, plus costs
4. Up to 360 hours of Community Service
5. 4 Points on your Driving Record
6. $500 Driver Responsibility Fee for 2 years

What does the government have to actually prove to convict an accused of the crime of drunk driving?

That a defendant operated a motor vehicle in a public area and had a blood alcohol content above .08. 

What is BAC?

BAC or blood-alcohol concentration is the level of alcohol in the bloodstream from drinking alcoholic beverages. 
The BAC can be determined by a blood test or a breathalyzer test

What is an Impaired Driving?

An impaired driving is a lesser offense that minimized the fines, driver's license restrictions and point on your insurance.

Can I refuse a Breathalyzer test?

You may refuse to take the roadside preliminary breath test (PBT) and field sobriety test, however if you refuse to take the PBT, you will be charged with a civil infraction and fined up to $200 plus court costs. Persons under age 21 who refuse to take the PBT will receive two points on their driver record. Even if you take the PBT, you must still take the evidentiary chemical test (blood, breath, or urine test).  If you refuse the breathalyzer test at the police station and force the police to obtain a warrant to withdrawal your blood the secretary of state imposes a 1 year suspension of your drivers license without the option to obtain a restricted license and  you will have 6 points added to your driving record.  Please be aware that suspension of a license is automatic for any refusal to submit to the test. This is a separate consequence from any subsequent convictions resulting from the traffic stop.

Can I continue to drive if I lose my license? 

No.  The consequences can include fines, imprisonment, forfeiture of your vehicle and an extension of the license suspension.  You must find other means of transportation, be it a friend, a bike or public transit. 

What is the punishment for drunk driving?

A first drunk driving (OWI, DUI, DWI) offense is a "93 day" Misdemeanor with a range of punishment. This will usually include a period of probation (six-months to a year), and some number of community service hours (up to 360 hours). You will also be required to attend some form of alcohol education treatment or therapy. There are of course fines and costs, and the statute allows fines of $100.00 to $500.00 for a first offense an Impaired Driving. You will also have to pay a $1,000 "Driver Responsibility" fee for 2 years, unless a plea of Driving While Impaired is offered, in which case the fee is $500 for 2 years.  Not all first offenders go to jail, but depending on the court, jail time for a first offense is also not entirely uncommon.  Your driver’s license will be suspended for approximately 30 days, followed by driving restrictions for an additional 150 days, allowing you to drive to and from, and during the course of employment, for school, medical care, and any court-related obligations that you may be required to attend.  Other possible penalties include ignition interlock and vehicle immobilization.   

If I am going to plead guilty, why do I need a lawyer?

An experienced attorney can help to minimize your legal problems, maximize your opportunities to move ahead toward a better future and help to equalize the imbalance of power between the prosecutor and yourself.