My boyfriend was pulled over for going 1 to 4 miles over the speed limit and not maintaining a lane plus was driving on a suspended! He didn't blow and they didn't take blood so how can they prove its a DUI, plus I had his pants down giving him head when the officer came to the window he told him to zip his pants and buckle his belt
They can prove it via the officers' observations of your boyfriend's behavior. A fourth DWI can be a felony, I would suggest he contact an attorney.
A single persons testimony if believed by a jury is sufficient to convict someone. There are many people in prison as we speak because of just one witness... A forth DUI is almost certainly to be a felony and carries mandatory incarceration. Your boyfriend needs an experienced attorney as soon as possible.
This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship. Neither the Supreme Court of Missouri nor The Missouri Bar reviews or approves certifying organizations or specialist designations. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits.
The officer who stopped you will testify to his observations of your boyfriend and his driving. This includes balance, field sobriety tests, lane problems, answers to questions and anything else that happened at the roadside. While the lack of a test makes the state's case more difficult, many people have been convicted without a breath or blood test. I expect your testimony will help at trial. Your boyfriend needs a lawyer if he doesn't already have one.
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If he has not yet, I recommend that your boyfriend hire an attorney ASAP. Since this is his 4th DUI charge, combined with the other circumstances of his case, it likely will be fairly simple for the prosecuting attorney to prove that he was intoxicated. Driving on a suspended license in Missouri is a very serious thing, and with a suspected DUI, he risks losing his license for a very long time.
This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship. Neither the Supreme Court of Missouri nor The Missouri Bar reviews or approves certifying organizations or specialist designations. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Past results do not guarantee future results. Every case is different and must be judged on its own merits.
A fourth DUI is a Class C felony carrying maximum penalties of 7 years and $5000.
There are four stages in the detection process. Based on your description they may have either two or three.. . First he had a traffic violation. Second the officer had face to face contact and had the opportunity to observe his eyes, his breath, his ability to walk, whether he slurred his words and a variety of other observations. Third he may have taken field sobriety tests, and if he did I will bet he flunked at least one of them. They are subjective and impossible to pass if the officer says he didn't pass. Fourth is a chemical test which you say they don't have. Any one of these stages can be the basis for a DUI arrest, prosecution and conviction.
He needs the best DUI lawyer he can afford.
Depending on the strength of the prosecution's case he may want to explore the possibility of DUI court, which if successfully completed can avoid prison, perhaps avoid a felony conviction, and may allow him limited driving that otherwise might not be available for 10 years.
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