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Why am I being charged for a DUI when THEY did not pull me over nor was I ever booked?After argument w/ bf, I left the house to get my car less than a block away. BF called police because I pushed the front door open, it came off hinges, supposedly "vandalism". I drank approx. 12-14 oz. of wine between leaving & returning home (5 -10 min) in case police were actually called. I was never pulled over, I pulled up to my driveway, identified myself & got out of the car. Breathalyzer was taken within 5 minutes. Taken to hospital for a broken finger; blood was taken involuntarily; arm was handcuffed to the bed as I concentrated on the nurse taking my blood pressure trying to calm me down. I was left with no money, phone, a ride, NOTHING, just a pink slip, a # for blood results, info to pick up my car (towed when parked legally at my home). I need help and don't know where to turn. Attorney answers (3)
Reputation Level 20
Answered almost 3 years ago.
DUI / DWI Attorney in Orange, CA.
You may have a valid "rising blood alcohol" defense. The breathalyzer you took was probably a portable one in the field and may/may not be admissible against you. The blood they drew at the hospital was the "official" test, but it's subject to attack as well. (Did they use the proper blood collection vials with the proper preservative? Was the area cleansed with alcohol, etc.)
It sounds like you're potentially facing more than just a DUI. A consultation with a criminal defense attorney about the entire situation might not be a bad idea. Keep one thing in mind - you only have 10 days from the date of your arrest to request a hearing with the DMV to challenge any license suspension. (The pink piece of paper you have is probably your temporary license after they arrested you and took your license) If you miss that 10 day window, your license will automatically be suspended for 4 months. The same sort of defenses apply against the DMV as they do in the DUI, but there are just a couple of twists. See the link below for more information on the rising blood alcohol defense. . 1 person marked this answer as good
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To prove a DUI the District Attorney needs to prove two things: 1) that you were driving a motor vehicle; and 2) that you were impaired. From your question it seems pretty clear that you were driving. The next question is whether or not you were under the influence. Do you know what the result of the breath test was?
Brian Andritch www.jeffhammerschmidt.com 1 person marked this answer as good
Reputation Level 14
Answered almost 3 years ago.
DUI / DWI Attorney in San Diego, CA.
Contact a qualified Orange County DUI Defense Lawyer in your area asap. Just because you were not taken to jail does not mean you are not facing a DUI and a possible license suspension action.
2 people marked this answer as good
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