QUESTION
If I am driving erratically because I have to pee from drinking too much water can I get charged with a DUI?
Asked on Oct 26th, 2012 on DUI/DWI - New Jersey
11 ANSWERS
Michael J. Breczinski
If you also have enough alcohol in your system then the answer is yes.
Answered on Oct 31st, 2012 at 5:28 AM
Leonard A. Kaanta
No, but you can be stopped on suspicion of DUI.
Answered on Oct 29th, 2012 at 4:59 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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A Police Officer can not pull someone over without some type of reasonable suspicion. Erratic driving could draw the attention of a Police Officer to pull you over and if there is then a suspicion of alcohol use, further investigation could occur. The question is then, what kind of erratic driving were you doing? Significant swerving will certainly raise suspicion. Please explain in greater detail what the driving was.
Answered on Oct 29th, 2012 at 2:13 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You can get charged with anything. Proving it beyond a reasonable doubt is another matter entirely. To successfully convict you of DUI, the prosecution will need some reliable evidence that you were operating a motor vehicle on a public roadway while intoxicated or over the legal BAC limit to be driving. If you have been charged, you need to seek out an experienced DUI attorney as soon as possible.
Answered on Oct 29th, 2012 at 2:13 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, driving while and toxic it is significantly different than driving in need of going to the bathroom. Too much water is not a problem unless it was mixed with whiskey or contained in your beer.
Answered on Oct 29th, 2012 at 2:12 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If you are under the influence or alcohol or drugs, then yes, you can be charged with DUI. If, as you say, it is because you "drove erratically because you had to pee because you drank to much water", you can still be charged with negligent driving or reckless driving.
Answered on Oct 29th, 2012 at 2:12 PM
Of course you can. DUI concerns the alcohol content in your blood. You wanting to pee is irrelevant and has nothing to do with a DUI prosecution. You better hire a DUI specialist soon, because you have only 10 days to save your license.
Answered on Oct 29th, 2012 at 2:12 PM
Any time a person is driving errant they can be charged with DUI. However, being charged and being convicted are not the same. In your case the proper charge should be reckless driving.
Answered on Oct 29th, 2012 at 2:12 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Yes, the officer can charge you with anything.
Answered on Oct 29th, 2012 at 2:10 PM
Civil Litigation Attorney serving Seattle, WA
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The Law Office of Edmund P. Allen Jr., PLLC
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To be convicted of a DUI, the prosecutor must be able to proved that you were under the influence of or affected by intoxicating liquor, or that you were .08 (if over 21) within two hours of driving. Unless they can prove this, they can not convict you of DUI no matter how bad your driving.
Answered on Oct 29th, 2012 at 2:09 PM
Gary Moore
Driving erratically can justify the police stopping your vehicle to investigate the cause of same. Depending upon what the officer observes after he stops you, you can be CHARGED with DUI. The smell of alcohol, with other factors can justify your arrest for DUI.
Answered on Oct 29th, 2012 at 1:17 PM