QUESTION
Is there a case for me if while talking to the magistrate, I hear the officer say I was only tested because my eyes were bloodshot shaky?
Asked on Feb 25th, 2013 on DUI/DWI - Colorado
More details to this question:
I was pulled over for speeding. Officer asked if I had been drinking. I said yes, three beers. He then proceeded to give be the Field Sobriety Test, which I passed. He asked if I would take a breathalyzer and blew a. 09.
6 ANSWERS
Michael J. Breczinski
Probably not but the reason for pulling you over might make a difference.
Answered on Mar 01st, 2013 at 6:50 PM
John J. Carney
You are over the legal limit and probably had 6-8 drinks, that is impaired but maybe not intoxicated. You should retain a good DWI lawyer from the Avvo list to handle the matter and try to get the violation.
Answered on Feb 27th, 2013 at 9:07 PM
Geoffrey MacLaren Yaryan
The optional breath test that you must have taken voluntarily provided sufficient probable cause to arrest you.
Answered on Feb 27th, 2013 at 8:52 PM
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Cynthia Henley
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Hire a lawyer to review the entire case. No lawyer can give you good advice with what you have provided.
Answered on Feb 27th, 2013 at 8:11 PM
Youve got a good case. You should hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Feb 27th, 2013 at 2:22 PM
2 Awards
DUI prosecutions are very technical and highly scientifically. Typically, officers will testify that the first sign of intoxication that they notice is blood shot watery eyes. If they only articulable fact for arrest were your eyes, the arrest could have violated your fourth amendment rights- lack of probable cause. One issue I see with that argument is that you consented to a preliminary alcohol screening test, if this was pre-arret, a judge could find that the eyes and test results would most likely give the officer probable cause to arrest you. Those are legal arguments, you may have other defenses to the charges available to you, especially with a lower BAC. It would be work contacting a DUI attorney n your area.
Answered on Feb 27th, 2013 at 2:21 PM