My friend was followed by someone while driving home from work. After he was home for about 20min the cops showed up and arrested him for a DUI. But he was never drinking and they never read him his rights. They only gave him a field sobriety test and never gave him a breathalyzer test or a blood test after he was at the station. Can they still charge him with a DUI?
Given the way you have described the facts, they can charge him, but they may not be able to prove him guilty at trial. Of course, I expect that the officer's description of what happenned will be less favorable than the defendant's own version. A weak lawyer can plead anyone guilty. But a strong lawyer is normally needed if someone wants to fight or win a case.
They can charge him, but it sounds like they have a pretty weak case.
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