they told me i couldnt drive because i had been drinkin and they told me i was over the limit ..but they didnt give me any test i wasnet even driven i was outside. so i got some one else to drive that had less drinks then i...and they pulled her over without her driving badly or anything she barley made it out the drive i fell like they were targetin us...anyway they gave her a feild test and she passed and a breath test and she passed but they made her wait like 15min and said she had to take another one and thats the one she failed can they do this...they chargerd her with dwi and me with aid & abet imparied driving
You both need a dui/dwi lawyer, now. . You can lose your license before you even get to court. http://addbalance.com/duitendaywarning.htm
The field sobriety "tests" are designed so that sober people will fail them, even if they are properly done. Often, they are not properly done. Only someone with expertise in this area can recognize problems with how the tests were done. http://addbalance.com/fieldsobrietytests.htm
What to do if you are stopped when you have been drinking?
Both of you may be able to beat these tickets, but not without help.
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DUI / DWI Attorney
The answer to your question is yes they can. You were very smart by listening to the officers when they told you not to drive but there may be some major issues if they told your friend to drive and then pulled her over right away. Since you are asking the question and not her, be sure to hire a LOCAL attorney and they may be able to get your charge dismissed. The ramifications and penalties of an Aid & Abet are the same as a DWI. In our area, the District Attorney will dismiss most Aid & Abet DWI cases after the principle has handled their case (ie. your friend). Best of luck.
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Criminal Defense Attorney
Yes, they can. Their commands don't necessarily have the force of a court order. But if they catch you driving after telling you not to drive because they thought you were DWI, they will use the fact that they warned you to prosecute you.
<a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson represents people in Raleigh, Cary, Apex, and the rest of Wake County, North Carolina. The information provided here is for educational purposes only and should not be relied upon as the specific facts may change the potential advice. Consult with a licensed <a href="http://www.chetson.net">Raleigh criminal lawyer</a> or attorney in your jurisdiction about your legal question or problem. For a free consultation about a North Carolina case, call (919) 352-9411 day or night, any day of the week.