QUESTION
What can I do if I was recently arrested for the first time ever and I am 37 years old?
Asked on Feb 07th, 2017 on DUI/DWI - Indiana
More details to this question:
I am also a stay at home mom and a full time student that is about to graduate with my bachelors. After being pulled over for what the officer said was an erratic lane change (I beg to differ) pulled me over after pulling up to a gas station. I also had my husband and 2 of my youngest children with us. She asked if I had been drinking and I concurred. She asked how much and I told her 2 beers over a 4 hour period. She had me do a breathalyzer test and told me that I had blown a 0.09 with the legal limit being a 0.08. My husband had drunk the same so she gave him a breathalyzer and he blew a 0.02. She kept accusing of me of having marijuana and after her partner said that she was incorrect as he had been in the vehicle, she told me that I was under arrest and as I was being placed in the police car they just asked me if I understood my rights which I vaguely remember and I don’t know if I even answered. My Miranda Rights were never stated to me. They did not do a field sobriety test at the sight but rather at the police station and made me do 2 more breathalyzer tests with the first saying 0.09 followed immediately by a 0.107 which is the BAC that was stated on the incident report. I was taken by patty wagon to the jail which is a whole other experience of being poked to not be able to sleep, refusal of meals, making fun of disabled prisoners, and more. I was then OR'd out of jail but not before I was notified of a court date and the fact that I had a no contact order with my youngest two which puts me living at my moms and not being with my children. They refused to give me a copy of it and said that I could get it at court almost 3 weeks away. For a first offense, I have been charged with 2 felony neglect of a dependent, 1 felony of endangering a passenger under 18, 1 misdemeanor of endangering a passenger, 1 misdemeanor of felony of driving with a BAC of 0.08.
1 ANSWER
Criminal and General Civil Litigation Attorney serving Warsaw, IN
Partner at
Rockhill Pinnick LLP
3 Awards
You hire a lawyer. If you can't afford one, you ask the judge to appoint you one.
Answered on Apr 17th, 2017 at 8:51 AM