What can I do if I feel that was unfairly arrested for a DUI?

Question

The officer working the new breath test could not get it to work and he requested another officer.  He also struggled with equipment.  It was about an hour before I was given it. I was sitting in a hot car and then room while waiting. I told the officer when taken I want to do blood, so he called the phlebotomy person. I know the test would be accurate. However when cop showed up I got freaked out by the needle and requested to give breath.  I did give breath and it took 15-20 minutes to get it to read. I was out of breath.  I asked to use the bathroom,  been sick with cold and on a 500 call diet.  So little weak anyway.  I was really gassy,  I keep belching.  I did also see officer use hand sanitizer prior to use. I was not as drunk when arrested,  I was going to get food when pulled over. I have witnesses to prove I was fine and not stumbling.  I also gave the officer all my information and in holding was not stumbling.  I feel I was accused but was not drunk during arrest.

Timothy Klisz · Answer

What was the result?  Thats the key.

Robert Sisson · Answer

You  certainly seem to have a viable defense. You should definitely Contact an attorney of your choice.

Jeffery Cojocar · Answer

Hire an attorney to defend you.

Stephen Freeborn · Answer

If you feel wronged, you are going to have to retain the services of an attorney who can more thoroughly examine the facts of your particular case. The breath test level is within 2 hours of driving.  The fact that it was an hour is irrelevant.  The fact that another officer did the breath test doesn't really matter, as it is often the case that the arresting officer does not do the actual breath test.  You asked for a blood test. the officer complied.  It is hardly his fault that you "freaked out".  You should have known this when you requested.  The fact that you are on a diet is also going to be an issue, especially if you wee taking diuretics that could be impacted by alcohol consumption.  The fact that you were gassy and belching may also be a non issue.  Many arrests now a days have a video camera running on the front dash of the arresting officer.  If so, it would be interesting to see what the video shows.  There is often times video surveillance in the police station where the breath testing is done.. wonder what this would show. You tell me nothing about how you performed on the road side sobriety tests.  You also do not tell me what the breath test result was.  As you can see, there are many issues that need to be addressed.  You need to consult with, and obtain, the service of an attorney.

Eric Sterkenburg · Answer

You need an attorney. If the facts are as you stated there is a good defense to your DUI.

Thomas Tomko · Answer

Thank you for your inquiry  You should hire an attorney to go over all of these facts and compare them to the incident report.  There may be grounds to exclude certain evidence which will be helpful in your case and may lead to a dismissal of a non-drinking offense.  Based on your description of the events, I have many questions which need to be considered before any prediction in your case can be made.  With an attorney who has experience in this area, a strategy can be employed to address the issues which arise from these facts.  Should your case be in Oakland, Wayne or Macomb Counties, then you may be interested in having my 24 years of experience assist in your case.  You may call the office to arrange an appointment.

Samuel H. Harrison · Answer

You need to hire an experienced defense attorney, preferably one with DUI defense experience.

Craig Elhart · Answer

You should hire a competent defense attorney who can review the police report and test results.  You may also have to hire an expert who can testify as to the accuracy of the test.

Michael Maltby · Answer

There are a lot of facts here that would make good fodder for mitigating and defending your case.  I would suggest getting a lawyer to assist you in presenting your case.

Michael Nack · Answer

Anyone who is charged with a DUI or a DWI needs to hire the best attorney   he or she can afford. The attorney can discuss with you  your feelings   about your guilt or innocence.

Cynthia Henley · Answer

"Not as drunk" when I was arrested, and witnesses who can testify that you were not stumblingdoes not sound good at all. Not stumbling is definitely NOT the standard nor is drunk. Intoxication is the loss of the normal use of the mental or physical faculties due to the introduction of alcohol and / or drugsin the body. It means that because of the alcohol / drugs the person is "less than normal" - that is all.  Anyway, hire a lawyer who can work with these issues. The prosecution is probably going to accuse you of causing the problems by playing games requesting a blood test and then refusing to take it.

Michael J. Breczinski · Answer

That is all fine and good and there are variations in th accuracy of the breath test ; but you have to answer the important questions. How much had you been drinking and what was your BAC. If it is high enough then the variations don't mean much.

Kevin Michael Smith · Answer

These circumstances may invalidate the test results and allow your attorney to force a dismissal of the case at both the DMV and the courthouse. You should contact an experienced criminal defense attorney who practices in the area of DUI immediately and discuss your case with him or her in confidence, as there are time limits to your ability to challenge the case at the DMV.

Mark R. Thiessen · Answer

There are so many loopholes and problems with this case, that I can't even answer this in an email.  Please call my office to discuss, free of charge.

Kevin O'Grady · Answer

You should immediately hire a defense attorney.  A good defense attorney will gather your information, conduct an investigation and mount an attack on the government.  Do not sit idly by and assume that since you see the events as you described that the prosecutor will drop the charges.  That is a very rare event.

Jeff Yeh · Answer

What you do is hire a DUI specialist. Without one, your story will never be taken seriously by the Judge, prosecutor or DMV. Don't forget the DMV, which has to be contacted within 10 days of arrest to save your license.

Jared Altman · Answer

The $100,000.00 question is... What did the breath test show? If you are 0.11% or less, then you've got a shot. But trying the case will be very expensive.

Jonathan Willett · Answer

An officer needs probable cause of an offense to pull you over for DUI, otherwise the stop of your vehicle may be illegal.  As to you other facts, it is important to know what your test results were.  You may need a fancy defense that re-creates the consumption that night in order to try and establish what your alcohol level was at the time of driving.

Thomas Mueller · Answer

You were unfairly arrested if the cop did not have probable cause to stop you or the breath test was below .08. It's hard to tell from your narration if either of  those contingencies existed.

Christopher McCann · Answer

You need to hire an experienced DUI attorney to fight this. This shoddy administration of chemical testing is all-too common. The results won't be accurate, particularly if you were belching, which can bring up "mouth alcohol" into your mouth and throat. The portable devices don't have a "slope detector" which lets the officer know of the presence of alcohol in the mouth. When this happens, the results will be inaccurately high. You need to fight this.

Jason Overton · Answer

Yes, you can fight a DUI.  Hire a lawyer quickly.  There are some things that a lawyer may want to do when defending a DUI that are time-sensitive.  A lawyer would also certainly want to look into these things you mentioned as possible avenues of attack.

Michael Nichols · Answer

You should contact a qualified DUI attorney. You may have defenses to this charge.

Jason Savela · Answer

The police and DA will likely want you to plead guilty to a DWAI charge.  I do not know your breath results, so I cannot say anything about DMV.  They may have marked you as refusal.    Request a DMV hearing asap - definitely within 7 days of arrest if breath over .08 or refusal.  Do not ask for officer to be present.  Hire a good DUI attorney to help you.

Jared Austin · Answer

From what described, you may very well have some good legitimate arguments to bring up in defense of the charges, especially regarding the operating and maintenance of the Datamaster and other factors as well. A good DUI attorney is worth the investment. The amount they can save you in terms of possible jail, probation, fines, vehicle immobilization, license sanctions and suspension, and higher insurance premiums will more than pay for their services. Only a trained eye with lots of experience can carefully evaluate police reports and Datamaster results for errors that could get the charges reduced or dismissed. Seek legal counsel as soon as possible.

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What can I do if I feel that was unfairly arrested for a DUI?

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