How should I know if my DUI arrest was legal? 9 Answers as of September 10, 2015

My husband was arrested in our own yard for drunk driving. He was not in the car at the time the officer came to the house stated. He had a witness that he was driving he was in the yard 20 minutes before the sheriff came. Is that a legal arrest? I thought DUI stand for driving while intoxicated?

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Law Office of Robert E McCall | Robert McCall
Not enough information to give detailed answer. Husband needs to speak with an attorney about filing a Motion to Dismiss.
Answer Applies to: Florida
Replied: 9/10/2015
Chambers Law Firm
Chambers Law Firm | Dan E. Chambers
It's a complicated and fact-specific analysis. Consult some attorneys many here on LawQA provide a free consultation.
Answer Applies to: California
Replied: 9/9/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
It does. But that can be demonstrated by other means than the officer's personal observation. After all, how many police officers personally witness rapes or robbery or murder? Find a good criminal defense lawyer in your locality.
Answer Applies to: Wisconsin
Replied: 9/9/2015
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Instead of worrying about whether the arrest was legal, you need to focus your attention on how you can avoid being convicted. First things first. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. If you don't do things to protect yourself now, whether the stop was legal or not will prove to be irrelevant later.
Answer Applies to: California
Replied: 9/9/2015
Universal Law Group, Inc. | Francis John Cowhig
Anyone can be arrested for anything. Whether or not the D.A. can prove their case beyond a reasonable doubt is something else. I suggest that your husband contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding his arrest. (S)he would then be in a better position to analyze his case and advise him of his options.
Answer Applies to: California
Replied: 9/9/2015
    Ty Wilson Law | Ty Wilson
    You need to reach out to a DUI attorney immediately. You should also get a copy of the arrest report. Most importantly, you have 10 business days from the date of the arrest with which to file an administrative appeal for your husband's drivers license. You can do this by going to the Georgia Department of Driver Services and telling them you want to appeal your husband's license suspension, The fee is $150.00. Good luck, it does sound as if there maybe somethings to challenge. However look at the arrest report, it will also say if there is a video of the arrest.
    Answer Applies to: Georgia
    Replied: 9/9/2015
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    Whether it holds up in court or not depends on whether the prosecution will be able to prove that your husband had been driving while drunk. I don't know enough from these facts to even make an educated guess. He will need to retain an attorney to review the reports and other evidence to determine whether there is a valid defense to the case.
    Answer Applies to: Illinois
    Replied: 9/9/2015
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Consult with an attorney.
    Answer Applies to: Georgia
    Replied: 9/9/2015
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    If he's got a witness to his driving then it's enough for them to charge him. He can beat it with the right lawyer.
    Answer Applies to: California
    Replied: 9/9/2015
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