QUESTION
What action should take place if I was charged with a DUI while shopping in the shoe department?
Asked on Jul 24th, 2013 on DUI/DWI - California
More details to this question:
The police told me I was not under arrest as they escorted me from the store. I refused to take a breathalyzer test and they placed me under arrest.
9 ANSWERS
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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You definitely need to speak to an attorney one on one. Your facts are far to sparse to advise you any further without more detail. However, just having a vanilla DUI (OUI in MA) tells me that you need to speak to an attorney. No one should be in criminal court without representation. A prosecutor's job is to convict. That is NOT the place to seek advice as a defendant. You only get one chance to get this right. Make an appointment for a free consultation with me or another lawyer. Meet and if you feel confident with your consultation, hire that lawyer and take their advice.
Answered on Jul 26th, 2013 at 11:23 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You need an attorney to represent you. The attorney will obtain and review police reports and evidence in your case.
Answered on Jul 26th, 2013 at 7:15 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I do not understand how you could receive a DUI for being in a store and therefore you may have a possible defense.
Answered on Jul 25th, 2013 at 11:58 AM
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Jul 25th, 2013 at 11:42 AM
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Hire a lawyer and fight the charge. The police and prosecutor will need to prove you were driving at some point and at that point you were intoxicated. If you were arrested in the shoe department, then they may have a harder time proving that.
Answered on Jul 25th, 2013 at 10:48 AM
Michael J. Breczinski
You should get a lawyer and fight the matter. I would want to know why they zeroed in on you.
Answered on Jul 25th, 2013 at 10:31 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You should, at the very least make a hearing request to the DMV if they took your license and schedule an appointment with a DUI defense attorney, they can help you figure out if a DUI charge lies in facts you have not included in your question.
Answered on Jul 25th, 2013 at 9:31 AM
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Hire a lawyer.
Answered on Jul 25th, 2013 at 9:07 AM
There are a couple issues with your case that may benefit you. 1st, the police must be able to prove when you were driving a car. They will either say they saw you driving or they will need to produce a witness to say they saw you driving. 2nd, by refusing to take a breath test, it is impossible for the DA to prove what amount of alcohol was in your system. However, by refusing to submit to a breath test, you will most likely have to prove to the DMV that you were not required to take the breath test because you weren't driving. Otherwise, you're facing a 1-year drivers license suspension.
Answered on Jul 25th, 2013 at 8:51 AM