My son in 18 and was driving home some friends who had been drinking. After being pulled over he took a sobriety test but when they told him the portable Breathalizer was voluntary and he sad he didn't want to take it they took him to the jail house where his BAC was .000 and .002. Did they have the right to keep him. No drugs were involved.
Is hard to say from the facts whether the officers had sufficient evidence for probable to arrest. The standard is fairly low for Minor in Possession or Minor DUI. If he is charged it may be an issue that can result in suppression of evidence and/or dismissal of the case. If not charged, no probably have no remedy under the law.
Scott W. Lawrence
Law Office of Scott Lawrence, pllc
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The police may have seen driving behavior that, when coupled with failed field sobriety tests, gave him/her reason to believe that your son had been under the influence of alcohol. It seems unlikely that the state could get a conviction on such a low BAC but it is possible. Please contact an attorney in your area familiar with DUI defense. There are a number of really good attorneys in the TriCities.
You need to get an aggressive local attorney involved. There is more information needed to truely answer this question.
I am making two assumptions - (1) that they arrested him for DUI, (not some other charge) and (2) that they then took him into custody.
Then next questions are - What did the Prosecutor's do with it? Did they charge him with the DUI? Did he sit in a cell over night before he was heard by the Court? Did the Court find Probable Cause?
You need to sit down with an attorney that knows that Court and knows the Prosecutors and get to the bottom of it. There are just too many unknown factors to be able to answer this question to the degree of certainty that you need. Good Luck!
The issue of whether he should have been arrested is difficult to answer without more information. How or if it is charged will be dependant upon the arresting agency and the corresponding prosecutors office. In W. Richland it could be Sheriff, WSP, RPD, or WRPD. That will dictate how the case will proceed. You need to hire a good, local DUI attorney IF your son is charged with a crime.
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