What action should take place if I was charged with a DUI while shopping in the shoe department? 13 Answers as of July 26, 2013

The police told me I was not under arrest as they escorted me from the store. I refused to take a breathalyzer test and they placed me under arrest.

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Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
You definitely need to speak to an attorney one on one. Your facts are far to sparse to advise you any further without more detail. However, just having a vanilla DUI (OUI in MA) tells me that you need to speak to an attorney. No one should be in criminal court without representation. A prosecutor's job is to convict. That is NOT the place to seek advice as a defendant. You only get one chance to get this right. Make an appointment for a free consultation with me or another lawyer. Meet and if you feel confident with your consultation, hire that lawyer and take their advice.
Answer Applies to: Massachusetts
Replied: 7/26/2013
Law Office of Thomas C. Phipps | Thomas C Phipps
You need an attorney to represent you. The attorney will obtain and review police reports and evidence in your case.
Answer Applies to: Missouri
Replied: 7/26/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
I assume the shoe department has wide enough aisles to accommodate a motor vehicle! Seriously, I have never heard of such a thing! As you do not provide any further evidence of exactly what happened, including how long after driving you were apprehended,and who identified you as a driver, it is impossible to answer your question. I foresee problems for the prosecution with the case, but cannot say for sure what will happen, as you are vague in your question. All I can advise is for you to hire a lawyer to defend you, as the charges are indeed serious.
Answer Applies to: Illinois
Replied: 7/25/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answer Applies to: California
Replied: 7/25/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
I do not understand how you could receive a DUI for being in a store and therefore you may have a possible defense.
Answer Applies to: Michigan
Replied: 7/25/2013
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Hire a lawyer and fight the charge. The police and prosecutor will need to prove you were driving at some point and at that point you were intoxicated. If you were arrested in the shoe department, then they may have a harder time proving that.
    Answer Applies to: Utah
    Replied: 7/25/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    You should get a lawyer and fight the matter. I would want to know why they zeroed in on you.
    Answer Applies to: Michigan
    Replied: 7/25/2013
    Hudson Bair | Hudson Bair
    You should, at the very least make a hearing request to the DMV if they took your license and schedule an appointment with a DUI defense attorney, they can help you figure out if a DUI charge lies in facts you have not included in your question.
    Answer Applies to: California
    Replied: 7/25/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    It may be hard for them to prove the case. We represent 100's of people charged with DUI and when they are driving it is much harder to prove the matter.
    Answer Applies to: Nebraska
    Replied: 7/25/2013
    Law Office of Benjamin K. Lemcke | Benjamin Lemcke
    In Rhode Island, as I am sure in most states, the prosecution must prove that you operated a motor vehicle under the influence of some intoxicating substance. In order to convict on a DUI charge, the prosecution must prove that there was reasonable suspicion to stop the vehicle (the stop does not need to be for suspicion of DUI, it can be for any offense that would justify an officer to stop a motorist), operation, and Probable Cause for driving under the influence (to such a degree that would render the operator incapable of driving). Operation is an important part of what they must prove to convict on DUI and/or a Refusal charge, and is typically proven by direct observation by the arresting officer. However, it can be proven through other methods. It seems as though a great deal of detail is missing from the question, but I would recommend seeking an attorney to consult regarding this issue.
    Answer Applies to: Rhode Island
    Replied: 7/25/2013
    Law Offices of Laurie A. Schmidt, P.C. | Laurie Schmidt
    Hire a lawyer.
    Answer Applies to: Colorado
    Replied: 7/25/2013
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    They would have to have some evidence that you were driving while intoxicated for this to hold up. Consult an attorney as soon as possible.
    Answer Applies to: Illinois
    Replied: 7/25/2013
    Law Offices of Christopher L. Hoglin, P.C.
    Law Offices of Christopher L. Hoglin, P.C. | Christopher L. Hoglin
    There are a couple issues with your case that may benefit you. 1st, the police must be able to prove when you were driving a car. They will either say they saw you driving or they will need to produce a witness to say they saw you driving. 2nd, by refusing to take a breath test, it is impossible for the DA to prove what amount of alcohol was in your system. However, by refusing to submit to a breath test, you will most likely have to prove to the DMV that you were not required to take the breath test because you weren't driving. Otherwise, you're facing a 1-year drivers license suspension.
    Answer Applies to: California
    Replied: 7/25/2013
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