Will the judge use my word against my fiance in court over a "DUI"?

Asked 5 months ago - Richmond, KY

My fiance & I had a bad argument & I thought he was on drugs by how he was acting, so I called the police on him when he tried to drive away. When they arrived they asked me to write down everything and I mentioned I thought he was high on pills, a few moments later, he was arrested for falling asleep or passing out at a stop light. He passed the field sobriety and the breathalyzer but his record still said dui. But, what I'm concerned about is if while in court tomorrow the will question him as to why I said he was on pills & Might try to keep him in jail. Any reassuring advice? :(

Attorney answers (6)

  1. Frank Mascagni III

    Contributor Level 20

    3

    Lawyers agree

    Answered . Hire a criminal defense attorney ASAP and advised the defendant's attorney of your involvement if you are trying to help your finance. www.kacdl.net

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  2. Ethan Patrick Meaney

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Your fiancé will need an attorney. Try and find one for him today. If you want to try and find one in your area here on AVVO you can use the "Find a Lawyer" tab at the top of the page. Good luck.

    This is not intended as legal advice. No attorney / client relationship exists because of this response.
  3. R. Alexander Brown

    Contributor Level 7

    4

    Lawyers agree

    Answered . If you have been issued a subpoena that may indicate that the prosecutors may wish to use your statement in Court. If you have not the arresting officers will state a claim as to why the arrested him for DUI. There may come into question why they stopped him, and how he performed on the Field Sobriety Test. You should consult with an attorney. They will be able to discuss details that should not be posted online and give you a better idea of what kind of defense may be available.

  4. Paul Ritchie Hobbs

    Contributor Level 9

    2

    Lawyers agree

    Answered . I know you are looking for a quick and "reassuring" answer, but DUI defense can be a great deal more complicated than that. For example, an attorney may find an issue with the testing method or instrument that calls the BAC or BRAC number into question. At that point, the prosecutor may wish to use your statements as ammunition. This may also be relevant in a Suppression Hearing where they (the state) tries to use your call as reason to make the stop. Bottom line is that this question really demands formal representation by an experience DUI attorney. You can search profiles of attorneys by clicking "Find a Lawyer" on this site or go to KACDL.net and look for one nearby.

    No attorney-client relationship has been created by answering this question. I make no guarantees as to the... more
  5. Stephen F Wallace

    Contributor Level 19

    2

    Lawyers agree

    Answered . Tell the truth. Period. Perjury is not something you really want.

  6. Christopher J Basner

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . Did this happen on Federal Property?

    Make sure that your attorney has experience handling a DWI/DUI in Federal Court; it is different that in State Court!

    Until retained, this answer does not constitute legal advise, as it is based on extremely limited information.
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