A driver called the police claiming driver was driving erratic. Police showed up at home 22 minutes later and conducted a sobriety test. Test was failed. Impounded car and arrested. How do the cops know that the party in question did not become intoxicated after arriving home? Can the testimony of one witness be enough proof to prosecute?
YES, you can be prosecuted for OUI under these circumstances. The testimony of one witness, if believed, is enough to convict you. You definitely have issues in your favor, but you will need to retain an experienced criminal defense/DUI Attorney to make the most of your defense. Best wishes. The situation you describe actually happens quite frequently these days with everyone having a cell phone thinking they're a cop. Your blood alcohol level will have a lot to do with whether the notion of drinking after getting home is a feasible defense.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
There is a lot of case law that supports this type of stop. The question becomes whether the Police saw you behind the wheel when they "showed up". If you were that is actual physical control, and YES you can be charged for the OUI. Good Luck.
Simple answer is yes, if the police believe there is probable cause they can arrest. However, in this case there may very well be strong defenses. The first order of business is to attack the probable cause for the arrest. You should hire an experienced DUI attorney. Unfortunately it's too late to tell you there is no requirement to take any sobriety tests other than the breathalyser. A DUI is incredibly expensive, seek an attorney as quickly as possible.
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