QUESTION
What can I do if I failed the sobreity test on a DUI arrest but the cops did not find anything in my car?
Asked on Oct 24th, 2013 on DUI/DWI - California
More details to this question:
I was pulled over last Saturday for running a stop sign. When a cop gets behind me I get really nervous and shaky. The officer made me get out of the car because he thought I had been taking an illegal drugs. He gave me a sobriety test and I failed because I was scared and nervous. I had been up since 4 am and this was at 7 pm when it happened. I also had a severe migraine. The officer searched my car and did not find anything. I was not on anything or had I been drinking ( I don't drink). I was then arrested and taken to the hospital for a blood test. I got charged with running a stop sign, DUI and wanted endangerment of a child ( my grand kids were in the car with me). I go to court on the 18th of November and they kept my licenses. What can I do?
10 ANSWERS
Michael J. Breczinski
We have to see what the blood test results are before we could advise you. This may end up just violating the stop sign.
Answered on Oct 25th, 2013 at 8:29 AM
Tax Law Attorney serving Birmingham, AL
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Meadows & Howell, LLC
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If they took a blood test, then the results of the blood test should be available at your initial hearing. If nothing was in your system, then it is likely that they will drop the charges. You can be charged with a DUI from an officer's testimony alone, such as testimony regarding whether your speech was slurred, your eyes were glassy or bloodshot, there was an odor of alcohol, etc. However, such testimony would be hard to uphold if the blood test shows nothing in your system.
Answered on Oct 25th, 2013 at 8:23 AM
Get yourself a lawyer. If you can't afford one, contact the public defender. Do not go to court without counsel. Do not talk about or post details of the case. If you weren't drinking, the blood test should establish that, at which point they may test the blood for other substances, legal or illegal, that may have impaired your ability to drive safely.
Answered on Oct 25th, 2013 at 8:02 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Is the charge based on DUI alcohol or DUI drugs? You should contact a qualified DUI attorney immediately.
Answered on Oct 25th, 2013 at 7:34 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney, your case should be defensible.
Answered on Oct 24th, 2013 at 10:33 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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First, you HAVE to call the DMV within 10 days and schedule a hearing. If you don't, when the test comes back negative it will be too late and you will have lost your license. Second, show up on the arraignment date. The DA will not file and your life will go on as though nothing happened. You can then consider making a complaint against the cop, suing him for false arrest and moving to have the arrest sealed/destroyed.
Answered on Oct 24th, 2013 at 10:25 PM
You need to hire a DUI specialist ASAP.
Answered on Oct 24th, 2013 at 10:25 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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How can you not be sure if you were drinking? That is not a good sign. In short, you need to retain an experienced DUI attorney in your area as not only is this just a drunk driving charge but there are additional serious penalties when you have a child as a passenger. Your attorney should thoroughly review your case including the police reports, administering of the field sobriety tests, what chemical test was done, and if all the rules and proper procedures were followed as well as the certification of the chemical test administrator. There are a lot of variables that go into this type of case and a lot is at stake so you want to invest in a good DUI lawyer.
Answered on Oct 24th, 2013 at 10:24 PM
Hire counsel to challenge the charges.
Answered on Oct 24th, 2013 at 10:24 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Hire an attorney to represent you. The child endangerment charge is usually a felony with a potential jail sentence of up to 3 years. The DUI, if this is your first, is usually a misdemeanor with a potential jail sentence of up to 6 months.
Answered on Oct 24th, 2013 at 10:24 PM