I got pulled over for defective taillight which I had already fixed but officer suspected me of drinking and driving because I had closed containers in the back of my car, I had admitted to drinking 2 beers but never specified when I had drank them. It could have been 5 hours since my last drink and had many meals in that time frame. I had one open container in there, but it belonged to the passenger of the vehicle and was not mine. Officer never Breathalyzed me or Field sobriety tested me for alcohol. I wasn't swerving or driving recklessly, and it was a completely empty highway road. Is it possible to fight this DUI since the officer has no proof if I still had any alcohol in my system and only was really a MIP. I really believe there is no definitive proof I was actually under the influence of any alcohol at that time, but being honest with the officer to say yes, I did drink that day, but it was a long while ago.
Sure, you can fight it. They must prove there is a "detectable amount" of alcohol in your system while you were driving to be DUI (a DWI for minors). They have to ascertain that somehow.
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