You both need a dui/dwi lawyer, now. . You can lose your license before you even get to court. http://addbalance.com/duitendaywarning.htm
The field sobriety "tests" are designed so that sober people will fail them, even if they are properly done. Often, they are not properly done. Only someone with expertise in this area can recognize problems with how the tests were done. http://addbalance.com/fieldsobrietytests.htm
What to do if you are stopped when you have been drinking?
Both of you may be able to beat these tickets, but not without help.
Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin http://addbalance.com Talking to the Police - Advice from Lawyers and Police: http://addbalance.com/police.htm
The answer to your question is yes they can. You were very smart by listening to the officers when they told you not to drive but there may be some major issues if they told your friend to drive and then pulled her over right away. Since you are asking the question and not her, be sure to hire a LOCAL attorney and they may be able to get your charge dismissed. The ramifications and penalties of an Aid & Abet are the same as a DWI. In our area, the District Attorney will dismiss most Aid & Abet DWI cases after the principle has handled their case (ie. your friend). Best of luck.
Any advice given does not enter the Attorney and person asking the question into any privileged relationship.
Yes, they can. Their commands don't necessarily have the force of a court order. But if they catch you driving after telling you not to drive because they thought you were DWI, they will use the fact that they warned you to prosecute you.
<a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson represents people in Raleigh, Cary, Apex, and the rest of Wake County, North Carolina. The information provided here is for educational purposes only and should not be relied upon as the specific facts may change the potential advice. Consult with a licensed <a href="http://www.chetson.net">Raleigh criminal lawyer</a> or attorney in your jurisdiction about your legal question or problem. For a free consultation about a North Carolina case, call (919) 352-9411 day or night, any day of the week.