QUESTION
Can you get charged with a DUI if someone saw you driving then the cops came and arrested you inside your home?
Asked on Dec 22nd, 2012 on DUI/DWI - California
More details to this question:
So my car turned off at the entrance to my neighborhood and a guy approached my window and knocked on it. I turned the car back on and went home, put my car in my garage closed the garage door and went inside, then 10 minutes later 5 police officers arrived. I opened the door and they barged inside said there was a complaint, put the cuffs on me in my living room and charged me with DUI and refusal cause I refused to do the test. Can the convict me of this? I was in my house!
11 ANSWERS
James Edward Smith
This happens often and is legal.
Answered on Jun 25th, 2013 at 10:21 PM
Gary Moore
The incident you describe seems to bring into question whether the police acted appropriately in arresting you in your house.
Answered on Jun 21st, 2013 at 12:42 AM
William C. Gosnell
Yes.
Answered on May 28th, 2013 at 1:48 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Can they charge you? Yes. Will they succeed in convicting you? Depends. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Dec 26th, 2012 at 5:23 AM
1 Award
Only if they can prove you we're operating a motor vehicle while intoxicated they will probably have problems with the warrant less arrest also.
Answered on Dec 26th, 2012 at 5:22 AM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
Yes. You certainly can be charged. The case would be a bit harder for the prosecutor to win if you went to trial. You should definitely consult a lawyer, in particular if this is not a first DUI.
Answered on Dec 24th, 2012 at 2:42 PM
1 Award
Yes, you could be charged. It is not necessary for a police officer to see you driving for you to be charged with DUI. However, that does not mean you have no defenses. For one, the police need an arrest warrant or your permission to come into your home. You said they "barged inside" which might mean some or all of the evidence could be suppressed. Also, a prosecutor, in court, would need to prove you were drunk when you were driving. It could be argued that you started drinking once you got home. In any event, you should hire a lawyer immediately to help you, and do not talk to the police without your lawyer present.
Answered on Dec 24th, 2012 at 1:39 PM
Possibly, but you have some defenses particularly since you were in your home and they probably did not have a warrant. You need an attorney.
Answered on Dec 24th, 2012 at 1:39 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Potentially, if they have the evidence to prove their case. You have raised issues. Get a dog attorney.
Answered on Dec 24th, 2012 at 1:37 PM
Michael J. Breczinski
The answer is possibly? It depends on whether they can show that when the person saw you driving that you were intoxicated.? You need a good lawyer.
Answered on Dec 24th, 2012 at 1:24 PM
Yes they can. You need to hire a DUI specialist ASAP, because you have only 10 days to save your license. A refusal case like this is defensible, provided you are represented by someone who knows what he is doing.
Answered on Dec 24th, 2012 at 1:05 PM