How will an officer tell that a person is committing DUI? 37 Answers as of June 21, 2012

I was driving home from my nephew's party. I am not drunk nor under the influence of drugs. I have been just plain sleepy. I was driving slowly and an officer pulled me over. He accused me of DUI without the procedure. What can I do?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I'd recommend you retain a lawyer to help you or you ask the court for legal counsel.You have a right to counsel. Don't be afraid to exercise that right. I'd recommend you have an experienced criminal defense attorney review the file and review the stop. If the stop was illegal, evidence from the stop may be suppressed through a timely filed and successfully argued motion by the defense.
Answer Applies to: Michigan
Replied: 6/21/2012
Law Office of Brian K. Wanerman
Law Office of Brian K. Wanerman | Brian K. Wanerman
What an officer accuses you of is irrelevant. Only the DA has the authority to charge you with a crime. Have you been arrested or received a summons? If you have or even think you have, consult an attorney
Answer Applies to: California
Replied: 3/26/2012
Robert Mortland
Robert Mortland | Law Office of Robert Mortland
If you were not drunk, you have a good defense. However, this depends on the chemical test results.
Answer Applies to: California
Replied: 3/26/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
If he charged you, you will have to defend yourself in court. Hire a lawyer who specializes in OUI defense
Answer Applies to: Massachusetts
Replied: 3/26/2012
Law Office of Michael R. Garber
Law Office of Michael R. Garber | Michael R. Garber
He had to have a basis for pulling you over. Then he had to believe you were intoxicated (odor of alcohol, blood shot eyes, slurred speech, etc.) He should have given you 3 field sobriety tests (horizontal gaze nystagmus, walk and turn and one leg stand) to determine whether you were under the influence. If you failed those tests he would then arrest you for DWI and take you for a breath test. If he didn't do all those things you could have a defense.
Answer Applies to: Louisiana
Replied: 3/23/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Usually the signs of alcohol impairment would be swerving, driving slow, watery or bloodshot eyes, appearance of nystagmus in the eyes, odor of alcohol, poor balance or coordination, slurred speech, inability to perform tasks that require both mental and physical dexterity. Any or all can be present in varying quantities. Usually the officer will ask you to perform simple tasks, and submit to a breath, blood, or urine test to detect the presence of alcohol or drugs.
    Answer Applies to: Kansas
    Replied: 3/23/2012
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    Under Oregon law and individual can be charged with a DUI if they have a BAC over .08 at the time of driving, OR are intoxicated to a noticeable degree. The officer in this scenario may have believed you were intoxicated to a noticeable degree and thus charged with DUI. However, under Oregon law the officer is supposed to give you the opportunity to provide a breath sample. An experienced DUI Lawyer may help you to fight this case at trial or help to determine what route may be best. Contact a local DUI Lawyer with the facts of your case.
    Answer Applies to: Oregon
    Replied: 3/23/2012
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    The facts as you present suggest that you have a case that can be tried. In Massachusetts, the Commonwealth has the burden of proving beyond a reasonable doubt that your driving was impaired by alcohol. Your defense is that you were not affected by alcohol; you were affected by sleep deprivation. There was no accident to suggest impairment by alcohol and there was no breath test to scientifically establish that you were under the influence of alcohol. Hire an experience OUI attorney and prepare for trial.
    Answer Applies to: Massachusetts
    Replied: 3/23/2012
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    If you have been charged with DUI you can take it to trial. There are certain protocols the State needs to follow to successfully prosecute a DUI. IF they were not followed, you have a chance to beat the charge.
    Answer Applies to: Illinois
    Replied: 3/23/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    You should contact and retain an experienced NH DWI attorney to represent you in your case.
    Answer Applies to: New Hampshire
    Replied: 3/23/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    The state has the burden to prove guilt beyond a reasonable doubt. Being "sleepy" is not the same as "under the influence". Did the officer obtain a test to measure your blood alcohol/drug content? Without such a test, it is difficult for the state to prove its case. If you refused to submit to a test, you are likely charged with a separate crime.
    Answer Applies to: Minnesota
    Replied: 3/22/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    In reality you have to plead guilty or fight the charge. The real test is what did he/she put in the reports and what is the basic of the alleged charge.
    Answer Applies to: Nebraska
    Replied: 3/22/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Did he write you a ticketfor DUI If he issued no ticket or took you to jail then you have not been charged with anything. If he did then you need an attorney.
    Answer Applies to: Michigan
    Replied: 3/22/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You'll have to hire a lawyer and defend yourself.
    Answer Applies to: New York
    Replied: 3/22/2012
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    If the officer had good cause to pull you over and thought you were under the influence of alcohol or drugs he can take you in for a blood or breath test. If he did not give you one of those tests you should win, unless you refused to take the test.
    Answer Applies to: California
    Replied: 3/22/2012
    Law Offices of George Woodworth & Associates
    Law Offices of George Woodworth & Associates | George Woodworth
    You can use that against any officer who does not follow proper procedure. If he did not give a Field Sobriety Test, or a breathalyser test, then he has violated his required procedure to produce test results to use against you. Get an experienced criminal defense Attorney to help you plan your attack on this absence of proper procedure, and set up a win in Court.
    Answer Applies to: California
    Replied: 3/22/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You should retain a good criminal lawyer to handle the case. The officer believed you were intoxicated and probably asked you to do field sobriety tests and a breath test. You can avoid a DWI conviction and get a DWUI infraction if you were not too intoxicated.
    Answer Applies to: New York
    Replied: 3/22/2012
    T.K. Byrne | Timothy K. Byrne
    Hire an attorney to represent you in Court .
    Answer Applies to: Mississippi
    Replied: 3/22/2012
    Law Office of Robert Sisson | Robert Sisson
    Sounds like you have a great case. Did they give u field sobriety tests, a breath test on the scene or a blood test? Any or.all of these are used to establish probable cause in an owi arrest.
    Answer Applies to: Wisconsin
    Replied: 3/22/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    An officer needs reasonable suspicion to effect a traffic stop. The officer can be mistaken but the cause for the stop must be reasonable.
    Answer Applies to: Nevada
    Replied: 3/22/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    In Georgia, you can be convicted of DUI if you are under the influence of alcohol or any drug (legal or illegal) to the extent it makes it less safe for you to drive. No particular blood alcohol level or drug level need be shown for a conviction. If you were truly just sleepy, you will have the chance to defend yourself in court on that grounds. Or you can contact the prosecutor and see if he is willing to drop the charge.
    Answer Applies to: Georgia
    Replied: 3/22/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    If you are facing a DUI charge, the government must prove, beyond a reasonable doubt, that you were impaired, to a certain degree, by reason of alcohol, and or that your blood alcohol level was .08 or greater. Depending on whether there was any alcohol in your system if obviously very important. If you are serious about fighting your DUI charge, hire an attorney that doesn't plead people out and fights for you.
    Answer Applies to: Hawaii
    Replied: 3/22/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You can fight the charges. How will an officer tell? By ovserving how badly he drives and performs on the Field Sobriety Test and the breathalyzer. Of course you can fight the criminal charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, charge reduction, or other decent outcome through plea bargain, or take it to trial if appropriate. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.
    Answer Applies to: California
    Replied: 3/22/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Get an attorney and head to court. If you are under .08, you are in good shape. Otherwise, very tough case to beat.
    Answer Applies to: Michigan
    Replied: 3/22/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If you were arrested and charged with a DUI, consider hiring an attorney and challenging the arrest. Conviction of a DUI is a permanent conviction and can have harsh consequences.
    Answer Applies to: Alabama
    Replied: 3/22/2012
    Aaron Black Law
    Aaron Black Law | Aaron Black
    You will know you have been charged with DUI if you are summonsed to court. If you have to appear in court then consult a lawyer.
    Answer Applies to: Arizona
    Replied: 3/22/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    If he only accessed you and did not arrest/cite you, then you are fine. If he did then you will need to get an attorney to fight the charges.
    Answer Applies to: California
    Replied: 3/22/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Without what procedure? You believe that an officer with no smell of alcohol or marijuana, no field sobriety examinations, no slurred speech, no bloodshot eyes arrested you for DUI, is that correct? If that is true then you can retain an monkey in a tie to represent you in court. You have a case that cannot be lost. Now after you appear in court, and the officer begins to testify about alcohol on your breath, you may need a real trial attorney.
    Answer Applies to: Georgia
    Replied: 3/22/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    A police officer need "probable cause" to stop you. Driving slower than "normal" is sometimes evidence of a person under the influence. The officer had a right to stop you. I would need to know more about what happened AFTER the stop. You need to hire an attorney to help you with this. You need to take this seriously.
    Answer Applies to: Washington
    Replied: 3/22/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    Get an attorney - this is a good defense and it is the prosecution job to prove you guilty.
    Answer Applies to: Colorado
    Replied: 3/22/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    Consult with an experienced DUI defense attorney and fight it! It is the burden of the prosecution to prove a DUI and without sufficient evidence, you should not plead guilty! Good luck!
    Answer Applies to: Colorado
    Replied: 3/22/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    If there is no roadside testing nor blood or breath alcohol test, you may be able to fight the case. So hire an experienced DUI lawyer.
    Answer Applies to: Colorado
    Replied: 3/22/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    The State has the burden of proof. I am confused though - If you had no alcohol in your system then you should have taken a breathalyzer exam which should have shown a 0% BAC. I can't imagine you would have reused to take one if you hadn't been drinking. The only thing that makes sense is that they charged you with driving under the influence of drugs, which absent a urine test, an admission, evidence of drugs in the vehicle, seems impossible to prove in my opinion. I think you should hire a good lawyer and fight this.
    Answer Applies to: New York
    Replied: 3/22/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Fight it remember the prosecutor needs to prove you were under the influence of alcohol or drugs beyond a reasonable doubt.
    Answer Applies to: California
    Replied: 3/22/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    If you're charged with DUI, then you have to defend yourself. If no charges are filed and you want to try to get this off your record, contact a local criminal defense attorney to discuss a petition for factual innocence under Penal Code section 851.8. If granted, it seals and eventually destroys the record of arrest and gets it off your record.
    Answer Applies to: California
    Replied: 3/22/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You need to hire a DUI specialist. Otherwise you have no choice but to plead guilty to a DUI. Cops have a way of making everyone fail FSTs, drunk or sober, and they will always assocaiate bad driving to DUI and not other factors.
    Answer Applies to: California
    Replied: 3/22/2012
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