QUESTION
If I was at my house and hadn’t driven for an hour and a half before the cops showed up and gave me my sobriety test can I beat DUI?
Asked on Mar 17th, 2013 on DUI/DWI - Michigan
More details to this question:
My husband and I were arguing and he called the cops on me 25 minutes after I had arrived home a cops didn't show up until 45 minutes later. He had said I was drinking and driving though he never saw me drink. I admitted to driving earlier that day but was sooo out of it I don't remember even saying that. I failed the sobriety test and they arrested me, though when they were asking me all the questions they hadn’t read me my Miranda rights yet. Also when the cops showed up I was locked n my room, an my husband unlocked my bedroom door so the cops could interrogate me. No one saw me drive but my husband and he said he's not going to testify against me. They say toxicology can determine since I had such a high blood alcohol level, if I had driven when my husband said I was driving then I would have been over the legal limit, but they have no hard evidence. I wasn’t n car, no keys were on me, I was n my bed when they came. Do I have a chance? It stinks because my husband just did this all out of spite.
8 ANSWERS
John D Duncan
This sounds like a beatable case to me. Hire a good local DUI attorney to help you with this one. Based on the story you tell, there are multiple issues with the events that led to your arrest.
Answered on Mar 19th, 2013 at 1:01 PM
Michael J. Breczinski
Well they can show you were drunk but they have to put you behind the wheel. Without your husband's testimony they can't do that. Yes you have a shot.
Answered on Mar 19th, 2013 at 6:05 AM
You really need an attorney on this case. There is a marital privilege in this state that may allow your husband to lawfully refuse to testify. The time lapse between when you were behind the wheel and when police saw you is another huge issue. How do they know you didn't drink after you got home. The Miranda issue is also an issue. You need an attorney and say nothing to the police of court until you get an attorney.
Answered on Mar 19th, 2013 at 12:28 AM
You need a DUI specialist if you want a chance to beat the case. And you should hire one soon because you have only 10 days to save your license.
Answered on Mar 19th, 2013 at 12:26 AM
3 Awards
I have fought and succeeded in similar cases.
Answered on Mar 19th, 2013 at 12:06 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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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. 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. With regards to your Miranda rights, although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest.
Answered on Mar 19th, 2013 at 12:04 AM
3 Awards
According to the facts given below this is a very interesting case and if this is an Eastern Washington State charging I am interested in representing you, contact me. I live in Moses Lake, WA and that is in the middle of the state. I travel all over Eastern WA handling all types of criminal charging. I have 20+ years of experience and I can help. Contact if you need an attorney.
Answered on Mar 18th, 2013 at 10:32 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have a defense, get an attorney and make NO STATEMENTS TO ANYONE until you have counsel.
Answered on Mar 18th, 2013 at 10:28 PM