QUESTION
Can I be convicted of DUI if I wasn't near my vehicle when I was arrested?
Asked on Apr 11th, 2016 on DUI/DWI - California
More details to this question:
I was outside of a bar during the daytime when police officers approached me and asked if I was driving. I said no I wasn't.They placed me under arrest without checking if my truck was warm or even seeing my vehicle. They said someone called on me. I wasn't given a field sobriety test i was simply placed in the patrol vehicle and taken to the station where they forcefully drew my blood and booked me for DUI. Can this stand up in court?
3 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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The short answer is possibly, depending on your condition/behavior when approached by the police, who the person was that called in on you, etc. Since we do not have all the facts, it is impossible to give a meaningful answers. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest.
Answered on May 16th, 2016 at 4:32 AM
It can, especially if you have no representation in court. They will try to show that you must have been driving just moments prior to the contact. But first things first, you need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on May 11th, 2016 at 6:22 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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It can be beaten on lack of probable cause for arrest.
Answered on May 11th, 2016 at 6:22 PM