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I got an OWI in a parking lot, after deciding not to drive. I refused the breath test, and they didn't get a BAC. Charge me how?

Fort Wayne, IN |

I made the right choice to not drive, they have no numbers on me, yet my schooling is being affected by this felony charge. I feel my rights are being violated by this pre-trial system I'm being put through. How can they charge me with this, WHY would they, and how is it legal to me pay for drug tests and urine screens when I haven't been convicted of anything?!!

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Attorney answers 1


If you were behind the driver's seat and the engine was running, you may be charged with an attempted OWI. If you failed to give any tests, including field sobriety tests (walk and turn, hgn, touch your fingers, count backwards, etc) there may be no probable cause to have made an arrest, although the smell of alcohol may be enough to get a conviciton, along with other observations like slurred speech, watery eyes, poor balance. In addition, the cops need specific articulable suspicion that you were driving or attempting to drive.
You generally have a limited period of time to file a motion to suppress evidence, and if you have not done so already, you should immediately hire an attorney in Fort Wayne to file the proper paper work to protect your interests.