QUESTION

Can I get charged with a DUI if I wasn't in my vehicle and the officer didn't even see me driving?

Asked on Aug 23rd, 2012 on DUI/DWI - Colorado
More details to this question:
I was arrested for DUI. It started with an argument between my fiance and I. She lives 30 miles away in another town. It was Sunday night, and after drinking a few beers ealier in the day, decided to go see her and work it out. I was knocking on the door, when her friend , who lives a couple of houses down , came up behind me and said the cops have been called by her. There was no domestic, no malice, I didnt even say a word to her. I returned home, and was in my driveway, getting out of the pickup, keys in my pocket, ready to go in the house, when a sheriff pulled up and began to question me. I had beer in the pickup which he noticed, and arrested me for DUI. I performed the roadside, and did not feel I shouldnt have been driving. I took the blood test. My fiance have worked things out and are fine. She and her friend feel terrible the cops were even called. My question is this a legal seizure? The officer didnt ask for truck registration, proof of insurance , nothing to prove it was even my truck. Im not even sure the officer seen me driving. I was five steps from going in the house when he pulled up. Can you help me with any advise, other than hiring an attorney.? I strongly believe my blood will be under legal limits, but do not have the results yet. How long does the blood keep?
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2 ANSWERS

Criminal Law Attorney serving Boulder, CO
3 Awards
It is possible for them to win, but you have some facts that may prevent that - get a good DUI attorney In response to your DUI Questions: I am a criminal defense attorney that focuses on DUI cases. If you would like to discuss your case, please contact me. Some important information- If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Answered on Sep 05th, 2012 at 12:01 PM

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You have so many legal issues as viable defenses. You need to contact a criminal defense lawyer immediately to address this case. The blood test can take around 30 days for just alcohol screening or up to 69 days for drug screening.
Answered on Sep 03rd, 2012 at 11:38 PM

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