QUESTION
What if I was arrested for a DUI by an officer in training?
Asked on Apr 16th, 2013 on DUI/DWI - Colorado
8 ANSWERS
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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Then you have a better chance of arguing that you were not under the influence if the charge is related to the officer's own observations.
Answered on Apr 17th, 2013 at 12:58 AM
Michael J. Breczinski
If it is legal for them to make an arrest then it does not make a difference. I need more details.
Answered on Apr 16th, 2013 at 2:40 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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I do not think that his training status will change anything as far as the charges go. So long as he is a sworn officer, he/she has the right to arrest. It may effect his testimony if it goes to trial. I don't know what role s/he played in the investigation and or arrest.
Answered on Apr 16th, 2013 at 2:39 PM
On the one hand, the absence of years of experience might impact how well the officer comes across during a trial. On the other hand, the officer might come across as even an inexperienced officer in training could easily determine you were impaired when you were stopped. That the officer was in training, standing on its own, doesn't mean much of anything.
Answered on Apr 16th, 2013 at 2:34 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Nothing. He still has authority to arrest you if you are in violation of the law.
Answered on Apr 16th, 2013 at 2:34 PM
Still a DUI. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Apr 16th, 2013 at 2:34 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are arrested, and most probably will be charged. Engage an attorney and do not speak with anyone, especially the authorities, until you have received counsel.
Answered on Apr 16th, 2013 at 2:34 PM
2 Awards
Then you will be prosecuted for DUI in the county that you were arrested in. Just because the arresting officer was in training status does not mean that your case will be dismissed, especially if the supervising officer was right there. Retaining a competent DUI lawyer in the local area of the arrest now ensures that your rights and/or any potential defenses are preserved.
Answered on Apr 16th, 2013 at 2:33 PM