If you are swimming at the pool and police comes and tell you to leave and comes after you and arrest you for a dwi .

Asked almost 2 years ago - Portland, OR

can you be arrested for dwi ?

Attorney answers (3)

  1. Jared Justice

    Pro

    Contributor Level 13

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    Answered . The facts of your case seem interesting (keep in mind, I am guessing what happened). DO NOT POST THE FACTS ON HERE. You should consult with a DUII attorney in private, explain exactly what happened, and go from there. Best of luck.

    Nothing discussed should be taken as legal advice. Posting details of your case on an open forum could be used... more
  2. Troy Austin Pickard

    Contributor Level 17

    5

    Lawyers agree

    Answered . Absolutely. It sounds like the police asked you to leave - they didn't order you to drive your car even though you were under the influence of an intoxicant.

    Under those circumstances, driving your car under the influence is completely illegal and completely not entrapment. You're going to want to get an excellent criminal defense attorney ASAP, because there are some things your lawyer can help you do now that will make this situation better for you.

    Portland Defender
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    Portland, OR 97204
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  3. Charles K. Kenyon Jr.

    Contributor Level 20

    3

    Lawyers agree

    Answered . If you were DWI, yes. Did the police put you in the car and put the keys in your hand?
    Entrapment can be a defense, but it is a very narrow defense.



    Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.

    That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.

    Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!

    After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.

    You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.

    That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.



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    --- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin
    http://addbalance.com/drunk_driving_lawyer.htm

    --- Facebook Page Madison (Dane County) Wisconsin Drunk Driving / OWI / DWI / DUI Lawyer
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    --- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer
    http://addbalance.com/fieldsobrietytests.htm

    --- Drugged Driving/DUI/DWI/Drunk Driving with Prescription Drugs – Madison (Dane County) Wisconsin
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    --- Which Offenses Count as Priors in Wisconsin? - Madison Dane County Wisconsin DUI OWI Drunk Driving Lawyer answers
    http://addbalance.com/duimath.htm

    --- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin
    http://addbalance.com/duitendaywarning.htm

    DISCLAIMER:

    Confidential information should not be disclosed in this Internet forum.

    I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.

    If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.

    To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.

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Related Topics

DUI

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

Civil penalties for DUI

Civil penalties for DUI are in addition to any criminal penalties. Typical examples include fines, driver's license penalties, and travel restrictions.

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