Is my drunk driving charge legal? 49 Answers as of November 28, 2011

Speaking generally, if there are issues with how a search or stop was conducted, the defense may be able to file a motion to suppress and prohibit the alleged incriminatory evidence from being admitted at trial. However, motions to suppress should only be filed if they are timely researched, properly prepared, and part of the trial strategy for a particular case.

It is very difficult to know if the officer's had legal authority to initially contact you and later detain/arrest you for DUI. If the initial contact of you was for a lawful reason (if the contact for the dispute was lawful and the officer had probable cause to contact you) then it is likely the contacting officer made observations of you which may have included that you smelled of alcohol, had slurred speech, more motor coordination and so on. If such observations were made then they could have concluded that you were not in good enough condition to drive. If the officer then "saw" you actually drive a vehicle (even if it ended up on your property) then he could lawful contact you again and possibly arrest you for DUI. However, the devil is in the details and if you must consult with a DUI defense attorney to determine if the contact of you was lawful.

You want to bring this up to your attorney and he might be use this to get a better deal. It may not be illegal but it would not be good public relations for the police if this got out.

All of the facts from your case must be reviewed. However, it is illegal to operate a motor vehicle with an alcohol concentration in excess of the leghal limit. There is no necessity defense if there is no danger and the driver does not exhaust all opportunities to find alternative transportation such as a taxi.

Yes, it's a legal arrest.

Since the officer did not persuade you to drive, you can lawfully be convicted of DUI even though the police may not have been playing fairly.

In general this sounds like a DUI case that can be won at trial.

The police are not required to give rides home. if you drive when are under the influence and the police see you then it's a legal bust.

Yes, this would be a legal course of action by the officers. They did not tell you to drive or give you permission. You chose to drive and the fact that they anticipated your actions does not nullify the arrest.

From the information you provide, it seems like a appropriate arrest/charging by the police. All the police need to see you do is enter your car and turn on the ignition. if they actually witnessed you drive your car home, they can certainly charge you with driving while impaired (or intoxicated) assuming they did the tests and you demonstrated intoxication. Perhaps you are asking your question because you feel the police "let you drive?" In the end, it is up to you to make the decision to not drive if you are impaired, The distance you drive does not matter, nor does the fact that the police thought you may decide to drive and you proved them right. In an event, a DUI is a very serious matter and can be even moreso, depending on whether it is your first offense for not. There are many factors that will play a role in how your case will turn out. If you have a problem with drinking, there are many things you can do before going to Court that will impress upon the Court that you are taking the matter seriously and are working to better yourself. Of course, some of these things are good to do even if you don't have "a problem," per se. The bottom line is that you should contact an experienced DUI lawyer immediately. There are also time limits that govern whether you will be able to keep your license. You also don't mention if you did a roadside sobriety test or if you refused. How your case works out depends on all of the factors, and more, A good lawyer will be able present your case in the most effective way while, at the same time, making sure you do everything possible to impress the Prosecutor and Judge when you finally do go to Court.