What am I facing and what should I do if I was charged with drinking in public/ drinking on highway? 10 Answers as of January 21, 2014

I was pulled over by a state officer whom I met coming in the other direction on a two lane highway. His lights came on just before we met one another. He said he needed to see my drivers license, he got me for speeding and asked me to step out of the vehicle apparently after he smelled alcohol, but never told me this until I was in cuffs, and in his vehicle. He asked me if I had anything to drink, and I said that I had a couple glasses of wine. It was some of my uncle's, that we were drinking in memory of him. I complied and he proceeded to give me a sobriety test (The pen test). I was facing what I figured to be about a 15 mph. wind and it was hard to keep my eyes open, plus I'd just been to my uncle's funeral. I had been crying off and on along the way, was very tired because of very little sleep the night before, and require reading glasses that I was not wearing at the time. He asked me if I had any problems with my eyes and I said they were hurting and I thought that I may have some sort of astigmatism, but had never been diagnosed. He then asked me if I would be willing to blow and I said yes. After I did, he looked at it, shrugged his shoulders and went back to the car. He then came back, asked me again how much I had to drink and told me he was giving me one more chance to be honest with him. I told him that was all. He then read me my Miranda rights. I asked him how much I blew. He said .4, told me to wait there and went back to his car. After several minutes he returned, handed me a pen, told me he got me for speeding and drinking on highways, and asked me to sign two pieces of paper that he had placed on the hood of his car. I didn't know how fast he had me going and certainly didn't know what the other charge was about, so I said wait a minute. He then snatched the papers from the hood, put them back in the car and came back with hand cuffs. He told me he was going to let me go, but now my vehicle would be towed, and I was going to jail. '

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You should retain an experienced attorney, because the judge is not going for it was hard to keep my eyes open because of the wind.
Answer Applies to: Georgia
Replied: 1/21/2014
O'Leary Associates, P.A.
O'Leary Associates, P.A. | John A. O'Leary
In South Carolina, if you blew on the street it is an improper/illegal test. File for a jury trial and seek representation by an attorney.
Answer Applies to: South Carolina
Replied: 1/15/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
You should get a lawyer. Also did you mean .04 not .4? You should be near death at .4. I would fight the matter.
Answer Applies to: Michigan
Replied: 1/14/2014
S. Joseph Schramm | Joseph Schramm
From the facts you recite it seems that you did not go to jail and your car was not towed. Probably, it will be best to see if you receive any citations in the mail charging you with one or more offenses. If you were going to be charged with DUI you would not have been able to drive your car home and apparently you were allowed to do so. That would be the worst case scenario. Here, it seems that if you are charged at all it will be with a couple of minor charges. However, even if minor, you should seek representation of legal counsel for any hearings.
Answer Applies to: Pennsylvania
Replied: 1/9/2014
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You should hire a lawyer and get this relatively minor charge dismissed. By yourself you're going to get a criminal record, and it isn't worth it.
Answer Applies to: California
Replied: 1/10/2014
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You better get an attorney. Sounds like you are being charged with drunk driving. Not a very good thing. Penalties are high and costly. Consult and retain an attorney.
    Answer Applies to: Washington
    Replied: 1/10/2014
    Law Office of Robert Sisson | Robert Sisson
    Your breed an attorney. What you are facing friends on the judge and prosecutor.
    Answer Applies to: Wisconsin
    Replied: 1/10/2014
    Ginsberg & Associates | Jacob Ginsberg
    Haven't heard of drinking on a public road. It sounds like he arrested you for driving under influence of alcohol. I would seek a lawyer's opinion right away.
    Answer Applies to: Texas
    Replied: 1/10/2014
    Hudson Bair | Hudson Bair
    If you were lawfully stopped and blew a .4 you will likely be charged with DUI. If you were lawfully stopped and blew a .04 you may be charged with DUI if you are under 21 or some other facts support your being under the influence despite being below .08. In any event, you are likely to face criminal charges that an experienced DUI defense attorney can help you fight.
    Answer Applies to: California
    Replied: 1/10/2014
    Attorney & Counselor at Law | Jeffrey B. Hammerlund
    My guess is this is a DUI.
    Answer Applies to: Illinois
    Replied: 1/10/2014
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