Can I go to jail for drinking 3 beers and one half a mixed drink without getting pulled over? 13 Answers as of December 27, 2013

I was at a casino and had 3 beers and one half of a mixed drink and got arrested one week later because they said they saw me on camera drive away. Can they charge me for DUI?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Yes ,but you should be able to beat it.
Answer Applies to: Georgia
Replied: 12/27/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
No they have to show that you were intoxicated.
Answer Applies to: Michigan
Replied: 12/17/2013
Universal Law Group, Inc. | Francis John Cowhig
They can try, but the prosecution will have to prove that you were either impaired or your Blood-Alcohol level was above 0.08 at the time that you were driving. The amount of drinks you had alone is most likely insufficient to obtain a conviction.
Answer Applies to: California
Replied: 12/12/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You have the right to remain silent. Only idiots talk to investigators/cops. Remember, no matter what you say it will be twisted around and used against you later.
Answer Applies to: California
Replied: 12/12/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Sounds like you have a possible defense, but I would need the details. You need an attorney.
Answer Applies to: Michigan
Replied: 12/12/2013
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    If they do charge you, it will be difficult to prove without additional evidence.
    Answer Applies to: Illinois
    Replied: 12/12/2013
    The Adkins Law Group | Daniel S. Adkins
    Nope. Nice to have an easy question... No hard, admissible evidence of your level of intoxication if any on the night in question. Avoid that place, however.
    Answer Applies to: Minnesota
    Replied: 12/12/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It is highly unlikely you could be charged with a DUI because they would have to have some evidence of your blood alcohol level at the time you were driving. It would not be enough for them to have a witness to testify to what amount of alcohol you consumed prior to driving a vehicle, even if they had you driving away on tape because they still need your BAC. However, in the future it is not a good idea to drive if you have had more than a couple drinks because the BAC standard for intoxication is so low most people do not realize how quick and easy it is to get to. 08.
    Answer Applies to: Michigan
    Replied: 12/12/2013
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Contact an attorney in your area asap. Sounds peculiar but need to know more facts and what you are charged with if anything.
    Answer Applies to: Minnesota
    Replied: 12/12/2013
    Law Office of Robert E McCall | Robert McCall
    The Government can charge anything they want, but can they prove it is something else.
    Answer Applies to: Florida
    Replied: 12/12/2013
    Hudson Bair | Hudson Bair
    They can charge you with anything, the real question is can they prove it, under the factual scenario your describe it is unlikely that you will be charged with a DUI.
    Answer Applies to: California
    Replied: 12/12/2013
    Law Offices of Eric J. Bell | Eric J. Bell
    I don't know where you live but if this occurred in IL please give me a call. I do not believe they will be able to prove DUI here. How do they know what you drank? The beers may have been non-alcoholic or they not have been beers at all. Your mixed drink also may have been non-alcoholic.
    Answer Applies to: Illinois
    Replied: 12/12/2013
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    That would be a very difficult case to prove without any evidence as to what your actual blood alcohol level was. I would not consider any plea offers and consult with an attorney.
    Answer Applies to: Arizona
    Replied: 12/12/2013
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