QUESTION
Can I go to jail for drinking 3 beers and one half a mixed drink without getting pulled over?
Asked on Dec 07th, 2013 on DUI/DWI - Florida
More details to this question:
I was at a casino and had 3 beers and one half of a mixed drink and got arrested one week later because they said they saw me on camera drive away. Can they charge me for DUI?
7 ANSWERS
Michael J. Breczinski
No they have to show that you were intoxicated.
Answered on Dec 17th, 2013 at 1:14 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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They can try, but the prosecution will have to prove that you were either impaired or your Blood-Alcohol level was above 0.08 at the time that you were driving. The amount of drinks you had alone is most likely insufficient to obtain a conviction.
Answered on Dec 12th, 2013 at 8:53 PM
You have the right to remain silent. Only idiots talk to investigators/cops. Remember, no matter what you say it will be twisted around and used against you later.
Answered on Dec 12th, 2013 at 8:53 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Sounds like you have a possible defense, but I would need the details. You need an attorney.
Answered on Dec 12th, 2013 at 8:52 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It is highly unlikely you could be charged with a DUI because they would have to have some evidence of your blood alcohol level at the time you were driving. It would not be enough for them to have a witness to testify to what amount of alcohol you consumed prior to driving a vehicle, even if they had you driving away on tape because they still need your BAC. However, in the future it is not a good idea to drive if you have had more than a couple drinks because the BAC standard for intoxication is so low most people do not realize how quick and easy it is to get to. 08.
Answered on Dec 12th, 2013 at 8:51 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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They can charge you with anything, the real question is can they prove it, under the factual scenario your describe it is unlikely that you will be charged with a DUI.
Answered on Dec 12th, 2013 at 8:51 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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The Government can charge anything they want, but can they prove it is something else.
Answered on Dec 12th, 2013 at 8:50 PM