QUESTION

Can police give me a DUI with no alcohol or drugs in my system?

Asked on Nov 03rd, 2013 on DUI/DWI - Michigan
More details to this question:
I am currently 2 months pregnant. I was feeling ill and I felt like I was passing out. My cell phone was completely dead and I live right behind a hospital. I got into my car and I drove to the hospital. As I entered the emergency room parking lot, I completely passed out hitting the guard rail to the hospital. The police arrived because there was an accident and I was given a DUI using drugs and alcohol or both. I asked the officer how he was giving me a DUI and he simply stated because my license was revoked for a previous DUI and it is what he felt I was. I then asked him if he was going to arrest me and he told me no, so I asked him to leave my room. I had the hospital take a full toxicology using my blood and do an alcohol test, all test came back negative. In my report, the officer gave me possession of drug paraphernalia because he found a pipe and herbs in my car. They were not any type of illegal herbs and they were actually my bother's who used my car earlier that day. It was an herbal incense, I understand what spice is and mamba all that, it was not any of that, no illegal chemicals were sprayed on the herbs. All of my test came back that there was absolutely no drugs or alcohol in my blood. I also refused to do anything for the cops based on how they were profiling me and telling me that I was already in trouble for previous DUI. I called the DMV 5 days later to see if they had a hold on my license and nothing was filed with them. Can they get me with a DUI seeing that all my reports came back negative for anything illegal and if I refused why is there nothing filed with the DMV?
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8 ANSWERS

Automobile Attorney serving East Lansing, MI at Nichols Law Firm PLLC
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You should hire qualified legal counsel and contest this charge.
Answered on Nov 05th, 2013 at 7:11 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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They will have to have some evidence of your intoxication.. They would have to have something that would show your blood alcohol content (BAC) or that illegal drugs were present in your system or that you were under the influence of prescription medicine while you were driving. Keep in mind that anybody can be charged with anything. It is one thing to be charged, it is another matter entirely to have your guilt proven beyond a reasonable doubt. Consult with an experienced DUI or OWI attorney in your area.
Answered on Nov 05th, 2013 at 7:11 PM

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If the DA goes forward with the DUI charge against you, you will be found not guilty, based on the facts that you present. You should be proactive and make sure the DA gets copies of the drug and alcohol tests that you have. Then make sure that the charge is dismissed and you get a copy of the dismissal from the clerk of court. Some courts have forms online that show you how to get the record expunged, which you should do or the DUI arrest record will remain and will show up when anyone does a background check on you.
Answered on Nov 05th, 2013 at 7:11 PM

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Michael J. Breczinski
If you go to trial then you should win in this case. At least on the DUI. You may also have a chance at the suspended license since it was a medical emergency.
Answered on Nov 05th, 2013 at 7:11 PM

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It can take a while for papers to process back with DMV. Recheck in a few days and a time or so after on a regular basis. Yes, you can be charged. Being convicted is a different critter. Obtain counsel and do not engage police except through counsel.
Answered on Nov 05th, 2013 at 7:10 PM

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Yes, because they can charge you with a refusal DUI.
Answered on Nov 05th, 2013 at 7:10 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Welcome to the People's Republic of the Former United States of America. Under the present Administration any police officer may arrest anyone for anything regardless of the lack of proof. That issue comes up after your arraignment and before trial; usually takes about two months. People got what they voted for.
Answered on Nov 05th, 2013 at 7:10 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You have a defensible case, get a good attorney and fight the charges.
Answered on Nov 05th, 2013 at 7:09 PM

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