QUESTION
Can I get convicted of DUI if the cop didn't do any field sobriety tests?
Asked on Mar 13th, 2013 on DUI/DWI - Massachusetts
More details to this question:
I was charged with DUI after being pulled over for swerving in the road. I admitted to swerving because there had been a small animal scurrying across the street and I didn't want to hit it. The police man asked if I had been drinking and I said no, I had not. He said he smelled booze and proceeded to charge me. The only thing he could have smelled that was remotely like booze was cough syrup. Can he just charge me without evidence? How do I fight this?
12 ANSWERS
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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They can and sometimes do, provided that they have other evidence to substantiate probable cause to place you under arrest. All field sobriety tests serve is to provide the police with evidence against you to arrest you. Nothing good will come of it as it's extremely unlikely you will pass or at least pass all of them and even if you do, they can still arrest you if they have enough probable cause. Without field sobriety tests, and admissions of drinking, it does make their case more difficult. That is where an experienced DUI attorney comes in really handy and earns his fee. They will carefully evaluate the police report, cruiser cam video, and other evidence to determine if there was enough probable cause to even place you under arrest for drunk driving. A good DUI attorney will more than pay for himself and the stakes are too high to do it alone.
Answered on Mar 14th, 2013 at 8:18 PM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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Yes. FSTs are just one of many factors that a jury will look at in determining whether you were operating while intoxicated.
Answered on Mar 14th, 2013 at 7:12 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You can only be convicted by pleading guilty or no contest sometime prior to trial, or by being found guilty by a jury of your peers. The fact that FST's were not offered by law enforcement or performed by you could be a good fact. You should discuss the facts of your case with a DUI defense attorney in your area, he/she can help you understand what your options are.
Answered on Mar 14th, 2013 at 5:59 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is that you can be charged, but the real question is whether you can be convicted. Did you take either a breathalyzer or blood test. If you did, what was the BAC level. If you didn't then the chances of a conviction may be slim. 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. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Mar 14th, 2013 at 5:58 AM
Michael J. Breczinski
He needs evidence of drunkenness in order to convict you. Get a lawyer and fight.
Answered on Mar 14th, 2013 at 5:58 AM
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Plead not guilty. If there are no field sobriety tests, and no chemical tests, the prosecutor will have a difficult time proving you were intoxicated or over the legal limit.
Answered on Mar 14th, 2013 at 5:57 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Charging you is one thing, convicting you is another. Field sobriety tests are not required and his observation of you swerving is sufficient. You did not state whether or not there were any chemical tests taken following your rest but, if there were, I would suspect they would not be positive. Be very cautious in your cough syrup defense at some of those things are quite capable of impairing you.
Answered on Mar 14th, 2013 at 5:55 AM
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You don't fight this along. You need a DUI attorney from your area. In Colorado, DUI prosecutions encompass three main parts. First, observations of the initial driving typically by officers. Second, probable cause to believe you were driving under the influence, this would include performance on field sobriety tests and third, an evidentiary test, usually blood or breath. In addition, in Colorado you would want to request a DMV hearing, this is separate and apart from the court proceedings. This must be done in a timely fashion, or you could loose your right to a DMV hearing. Again, I would consult with a local DUI attorney for more detailed information.
Answered on Mar 14th, 2013 at 5:55 AM
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Hire an attorney and we fight it 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 Mar 14th, 2013 at 5:49 AM
Absolutely you can. FSTs are voluntary and not required. But it does make your case easier to defend, provided that you have a DUI specialist to fight for you in court and at the DMV.
Answered on Mar 14th, 2013 at 5:48 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes..... field sobriety tests are not mandatory. You really should hire an attorney to help you. These charges are very serious and have long term consequences.
Answered on Mar 14th, 2013 at 5:47 AM
Accidents Attorney serving Boston, MA
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Kelly & Associates Injury Lawyers
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Retain a criminal defense attorney. With an attorney it is far more probable the the DUI charge can be dropped or suspended. While you may not have been drinking alcohol, a DUI offense is serious and you should take it seriously.
Answered on Mar 14th, 2013 at 5:47 AM