Hi I got pull over last night because the left head light was not working . The police man ask me if I drunk some alcohol . I said yes . He asks me to do some alphabetical from c to z , then some walking test . . . and finally a breath test which end up to 0 . 9 . He called a cab to get me home . He didn't tell me what next or the result of the walking test , i didn't get any papers or ticket . . . This was ] in the Wayne county Michigan
It's hard to tell based on what your have posted, but if he didn't arrest you and do a breath test at the station, you are likely not going to get charged. That bring said, one can be charged and convicted based on driving and tests alone.
If you get any police contact at all, say nothing, speak to no one. Hire a local attorney and they will help you strategize the case.
It sounds like the officer felt you were not so intoxicated that he felt it necessary to arrest you, but didn't want you to drive anymore, and thus got a cab for you. If you were not arrested, you will not be charged with drunk driving. There are other offenses that you could be charged with, and they could mail you something telling you that you have been charged, but given what you have written, it sounds like you will not be charged with anything from this incident. Consider yourself lucky, because the presumption of illegal intoxication while driving is .08, and the .09 on the hand-held tester on the road would be a basis to arrest you for drunk driving. Learn from this incident! Frank B. Ford 313-565-9289
The tests you performed are known as the NHTSA tests (National Highway Transportation and Safety Administration). They are designed for you to fail so that they can have reasonable cause to give you the portable breath tests. The PBT is then used to establish probable cause to arrest you and have you blow in the datamaster breathalyzer at the station. There is two different types of violations for OWI, a "per se" violation for being over the legal limit of .08 and a driving while impaired charge that occurs if any alcohol affected your system. Given the closeness to the .08 legal limit you might be able to fight the charges.
Just because you got a ride home, doesn't necessarily mean they aren't going to charge you. You need an attorney ASAP. A qualified attorney can FOIA videos and breath logs among other things.
-Attorney Scott Aaronson
In my opinion, you dodged one. The legal limit for drunk driving (DUI, OWI) is .08%. Your preliminary breath test (PBT) was just over the limit. I doubt you will hear anything more about this case since you were not arrested, given a chemical test such as a breathalyzer and given the opportunity to take a second test of your own choice.
Perhaps the cop got another call for a police run or he was looking for something else when he pulled you over like drug activity. Anyway, you are probably in the clear. If for some remote reason you are charged with these facts, you should retain a DUI lawyer who can fight this case with some of the grounds I have mentioned.
For the record, I have heard that cops do not like writing DUI tickets. The entire process is very technical and time consuming for them. You might of got a cop who has his own threshold for making DUI arrests. You may not get a break like this again, so be careful.
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