Were the policeman allowed to send me to jail for a DUI? 7 Answers as of July 22, 2011

I was pulled over for a so called' loud car' at 12:30am. I had had 2 drinks prior to leaving, but felt fine. I drove, my passengers were all heavly intoxicated. I was head one mile to drop off these passengers. after one block I was instantly pulled over. They smelled alcohol when getting my liscense (all my passengers were intoxicated) I perfomed a filed test in 4 inch heels and did quite well. I was asked to do a breathalyzer test, which showed .17 (super intox) I hadnt even begun to feel the 2 drinks I had drank and there i was off to jail!!! I was also not read any rights, miranger or for the breathalyzer. I am also female, smoke, 110 lbs, i have acid reflux, and low blood sugar, so should these accusations be thrown out?

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Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
Yes.
Answer Applies to: Michigan
Replied: 7/22/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
You need an attorney to defend this case and yes, you were pulled over and blew a .17 so thye had a right to take you to jail.
Answer Applies to: Michigan
Replied: 7/20/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
Whether the charges should be dismissed is something a competent criminal defense attorney can help you with. Until the police report is read and analysed there is no way to make that determination at this time.
Answer Applies to: Michigan
Replied: 7/20/2011
Law Offices of Marshall Tauber
Law Offices of Marshall Tauber | Marshall Tauber
You may have very good defenses to the charges now you need a very good attorney to raise them properly on your behalf. Very few cases are ever completely thrown out &the ones that are require hard work & perseverance from a creative lawyer to occur.
Answer Applies to: Michigan
Replied: 7/20/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
As long as the police pull you over for a legitimate violation of the motor vehicle code or town or city ordinance, the stop is valid. You admit to having two drinks and are more than twice the legal limit. Why would you think they should throw the case out? Due to your height and weight you are probably more likely to become intoxicated with less drinks. I'm guessing you mean "Miranda" rights when you say "miranger." They only have to read you your rights if you are in police custody and they ask you incriminating questions. Usually, traffic stops and field sobriety tests and not considered police custody, just temporary detentions. They do not have to tell you any rights about the breathalyzer unless you ask them. They will inform you that your license will be suspended if you refuse the Data Master at the police station. Have an experienced DUI attorney review your report in order to give you more specific advise about your case. If your BAC was 0.17 that means you were "super drunk" which means heightened penalties.
Answer Applies to: Michigan
Replied: 7/19/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    I would recommend that you retain an attorney to assist you with this matter. If you need specific legal advice, you should consult privately with an attorney. This answer does not contain specific legal advice. Speaking generally, simply because a person is charged does not mean that the prosecutor will ultimately have enough evidence to get a conviction. Anyone charged with a criminal offense is presumed innocent until proven guilty. The prosecuting authority needs to prove any allegations beyond a reasonable doubt. Clearly, the initial traffic stop is an important issue with any OUI/DUI case. Further, during and after the initial stop, the arresting and investigating officer's conduct needs to be closely scrutinized. A person's alleged blood alcohol level may be influenced by other factors and the testing procedure itself may be flawed. However, these tests are scientifically completed and may require expert assistance to review the procedures. Ultimately, these issues are matters for a potential motion to suppress as case proceeds. I'd recommend that you retain an attorney to assist you with this matter. These charges have significant consequences. Effective advocacy may make a large impact in the outcome of a case. If you cannot afford to retain an attorney, the court may appoint you at the public's expense.
    Answer Applies to: Michigan
    Replied: 7/19/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Not likely. You will need to hire the best attorney you can afford, but prosecutors never throw out cases with .17 BAC results.
    Answer Applies to: Michigan
    Replied: 7/19/2011
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