What can I do if I feel that was unfairly arrested for a DUI? 47 Answers as of July 09, 2013

The officer working the new breath test could not get it to work and he requested another officer. He also struggled with equipment. It was about an hour before I was given it. I was sitting in a hot car and then room while waiting. I told the officer when taken I want to do blood, so he called the phlebotomy person. I know the test would be accurate. However when cop showed up I got freaked out by the needle and requested to give breath. I did give breath and it took 15-20 minutes to get it to read. I was out of breath. I asked to use the bathroom, been sick with cold and on a 500 call diet. So little weak anyway. I was really gassy, I keep belching. I did also see officer use hand sanitizer prior to use. I was not as drunk when arrested, I was going to get food when pulled over. I have witnesses to prove I was fine and not stumbling. I also gave the officer all my information and in holding was not stumbling. I feel I was accused but was not drunk during arrest.

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
You need to hire a lawyer skilled in DWI defense now. You have a good case with the facts you presented, the officer administering the test has to know how to operate the machine there are questions regarding the calibration, etc. that a practiced lawyer will know to ask, and for the record, you may have to go all the way to trial on this case, that is not fair to you but much better than accepted a plea for something you did not do.
Answer Applies to: Texas
Replied: 9/6/2011
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
Based on the information you have provided you should hire an attorney who is experienced in the defense of DUI cases who can advise you whether to defend the case at trial or attempt to settle it.
Answer Applies to: District of Columbia
Replied: 9/2/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
You have not told me whether you took the breath test within the required 2 hour period or what the results were. If you tool a blood or breath test within 2 hours of being arrested and blew a .02 or more you can be charges with Impaired or DWI. I would need more information to give you any more details. Ask the attorney handling the case if the test is valid.
Answer Applies to: New York
Replied: 9/2/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
Whether you were or were not under the influence of alcohol is now a question for a judge or jury. Considering hiring an experienced DUI attorney.
Answer Applies to: Alabama
Replied: 9/2/2011
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
If you feel wronged, you are going to have to retain the services of an attorney who can more thoroughly examine the facts of your particular case. The breath test level is within 2 hours of driving. The fact that it was an hour is irrelevant. The fact that another officer did the breath test doesn't really matter, as it is often the case that the arresting officer does not do the actual breath test. You asked for a blood test. the officer complied. It is hardly his fault that you "freaked out". You should have known this when you requested. The fact that you are on a diet is also going to be an issue, especially if you wee taking diuretics that could be impacted by alcohol consumption. The fact that you were gassy and belching may also be a non issue. Many arrests now a days have a video camera running on the front dash of the arresting officer. If so, it would be interesting to see what the video shows. There is often times video surveillance in the police station where the breath testing is done.. wonder what this would show. You tell me nothing about how you performed on the road side sobriety tests. You also do not tell me what the breath test result was. As you can see, there are many issues that need to be addressed. You need to consult with, and obtain, the service of an attorney.
Answer Applies to: Washington
Replied: 9/1/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You need to discuss this with an attorney. Attorney will also need a copy of the police report.
    Answer Applies to: California
    Replied: 6/11/2013
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    It sounds like you will need to have an attorney skilled in DUI defense. I'd suggest talking to an attorney right away in your are, if you're anywhere near NYC contact us right away if you're interested in hiring an attorney.
    Answer Applies to: New York
    Replied: 9/1/2011
    Ramsell & Associates LLC
    Ramsell & Associates LLC | Donald Ramsell
    Once you wrote that you were 'unfairly' arrested, then you must strongly consider hiring a knowledgeable attorney to defend you. A person cannot expect to learn how to defend a DUI, a talent that takes years of schooling, training, and experience, in a short time.
    Answer Applies to: Illinois
    Replied: 9/1/2011
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    The scenario presented contains a number of issues which a trial court may consider in the defense of a DUI charge. A complete investigation of the events surrounding the arrest will be required to determine the strength of these defenses and may require the use of expert witnesses. This individual needs to make immediate contact with counsel for an evaluation and determination of the best way to proceed.
    Answer Applies to: Missouri
    Replied: 9/1/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    It does not matter whether you were drunk during arrest; it only matters if you were a .08 at the time of driving or you were so impaired that you could not operate a motor vehicle in the same manner as a sober person. If you blew a .08 an hour after driving this can still be used against you as evidence of a .08 status at the time of driving due to the presumption DAs use. This presumption states that a blood or breath test, if taken within three hours of driving, may be used to show your BAC at the time of driving. This presumption totally defeats the science of rising and falling blood alcohol levels but is widely used in DUI jury trials. Hiring an attorney will be beneficial in your case. Exploiting the mistakes and procedural errors of the officer may result in a reduction or dismissal of charges.
    Answer Applies to: California
    Replied: 9/1/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    With all you have said, you should seek the assistance of an experienced DUI attorney. You may have issues that could help you in a trial.
    Answer Applies to: Kansas
    Replied: 9/1/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    You need an attorney. If the facts are as you stated there is a good defense to your DUI.
    Answer Applies to: California
    Replied: 9/1/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    Hire an attorney to defend you.
    Answer Applies to: Michigan
    Replied: 6/11/2013
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    What was the result? Thats the key.
    Answer Applies to: Michigan
    Replied: 7/9/2013
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Thank you for your inquiry You should hire an attorney to go over all of these facts and compare them to the incident report. There may be grounds to exclude certain evidence which will be helpful in your case and may lead to a dismissal of a non-drinking offense. Based on your description of the events, I have many questions which need to be considered before any prediction in your case can be made. With an attorney who has experience in this area, a strategy can be employed to address the issues which arise from these facts. Should your case be in Oakland, Wayne or Macomb Counties, then you may be interested in having my 24 years of experience assist in your case. You may call the office to arrange an appointment.
    Answer Applies to: Michigan
    Replied: 9/1/2011
    Michael J. Gardiner, Attorney at Law | Michael Gardiner
    The Breathalyzer result and it'sadmissibilitycan be attacked on procedure,calibrationand other facts that might create afalsepositive. Some doubts might be raised using ordinary facts, but technical and medical explanations will require an expert to interpret and offer evidence the form of an opinion. Your expert could becross examinedas to theiropinion. Experts are paid to examine the facts anddeveloptheir opinion and for their court appearance.The cost can be significant. A lawyer can hep you decide whether you will need an expert and what kind and also help you through the entire case whether disposed of by trial or otherdisposition.
    Answer Applies to: Rhode Island
    Replied: 9/1/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    You need to hire an experienced defense attorney, preferably one with DUI defense experience.
    Answer Applies to: Georgia
    Replied: 9/1/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    The only real hope you have is to contact a good DUI attorney and have they look into the information.
    Answer Applies to: Nebraska
    Replied: 9/1/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    You should hire a competent defense attorney who can review the police report and test results. You may also have to hire an expert who can testify as to the accuracy of the test.
    Answer Applies to: Michigan
    Replied: 9/1/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    You need to talk to a good DUI lawyer. You might have a good defense, but you will probably not be able to assert it on your own.
    Answer Applies to: Georgia
    Replied: 9/1/2011
    Law Office of Robert Sisson | Robert Sisson
    You certainly seem to have a viable defense. You should definitely Contact an attorney of your choice.
    Answer Applies to: Wisconsin
    Replied: 6/11/2013
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    There are a lot of facts here that would make good fodder for mitigating and defending your case. I would suggest getting a lawyer to assist you in presenting your case.
    Answer Applies to: Washington
    Replied: 9/1/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    Anyone who is charged with a DUI or a DWI needs to hire the best attorney he or she can afford. The attorney can discuss with you your feelings about your guilt or innocence.
    Answer Applies to: Missouri
    Replied: 9/1/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    That is all fine and good and there are variations in th accuracy of the breath test ; but you have to answer the important questions. How much had you been drinking and what was your BAC. If it is high enough then the variations don't mean much.
    Answer Applies to: Michigan
    Replied: 9/1/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    "Not as drunk" when I was arrested, and witnesses who can testify that you were not stumblingdoes not sound good at all. Not stumbling is definitely NOT the standard nor is drunk. Intoxication is the loss of the normal use of the mental or physical faculties due to the introduction of alcohol and / or drugsin the body. It means that because of the alcohol / drugs the person is "less than normal" - that is all. Anyway, hire a lawyer who can work with these issues. The prosecution is probably going to accuse you of causing the problems by playing games requesting a blood test and then refusing to take it.
    Answer Applies to: Texas
    Replied: 9/1/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    The situation you described does not go to the arrest, but to the validity of the test you took. If the test was unduly delayed by the police, it could possibly be thrown out of evidence. A test generally needs to be taken within 2 hours of driving to be considered valid.
    Answer Applies to: Minnesota
    Replied: 9/1/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Hire an attorney to represent you. If what you say ias true, go to trial, and you will have a good chance of winning. However, let your lawyer review ALL the evidence, because there are two sides to any story, and the officer may and probably has, a different version. Your lawyer will be able to figure out the best course of action to take here.
    Answer Applies to: Illinois
    Replied: 9/1/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    There are so many loopholes and problems with this case, that I can't even answer this in an email. Please call my office to discuss, free of charge.
    Answer Applies to: Texas
    Replied: 9/1/2011
    Kevin Smith, Attorney at Law
    Kevin Smith, Attorney at Law | Kevin Smith
    These circumstances may invalidate the test results and allow your attorney to force a dismissal of the case at both the DMV and the courthouse. You should contact an experienced criminal defense attorney who practices in the area of DUI immediately and discuss your case with him or her in confidence, as there are time limits to your ability to challenge the case at the DMV.
    Answer Applies to: Connecticut
    Replied: 9/1/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Sounds like some decent defenses.
    Answer Applies to: Colorado
    Replied: 7/9/2013
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    You should immediately hire a defense attorney. A good defense attorney will gather your information, conduct an investigation and mount an attack on the government. Do not sit idly by and assume that since you see the events as you described that the prosecutor will drop the charges. That is a very rare event.
    Answer Applies to: Hawaii
    Replied: 8/31/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    What you do is hire a DUI specialist. Without one, your story will never be taken seriously by the Judge, prosecutor or DMV. Don't forget the DMV, which has to be contacted within 10 days of arrest to save your license.
    Answer Applies to: California
    Replied: 8/31/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    An officer needs probable cause of an offense to pull you over for DUI, otherwise the stop of your vehicle may be illegal. As to you other facts, it is important to know what your test results were. You may need a fancy defense that re-creates the consumption that night in order to try and establish what your alcohol level was at the time of driving.
    Answer Applies to: Colorado
    Replied: 8/31/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    The $100,000.00 question is... What did the breath test show? If you are 0.11% or less, then you've got a shot. But trying the case will be very expensive.
    Answer Applies to: New York
    Replied: 8/31/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    You were unfairly arrested if the cop did not have probable cause to stop you or the breath test was below .08. It's hard to tell from your narration if either of those contingencies existed.
    Answer Applies to: California
    Replied: 8/31/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You should hire experienced legal counsel. There are many challenges to a DWI. Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed. Some points of a defense analysis include: Reasonable Suspicion. The officer must have reasonable suspicion to believe a specific crime has been committed in order to stop a person. If that reasonable suspicion is lacking the stop and the ticket may be invalid; Probable Cause to arrest and charge. The officer must make sufficient observations to form a basis for probable cause to believe that you were operating a vehicle while intoxicated. Oftentimes, officers perform field sobriety tests incorrectly making the arrest invalid; Procedures at the Station. The officer must follow very specific procedures at the station including reading and recording an Implied Consent Advisory that informs you that you have a right to a lawyer. If any of the steps are omitted, the charges may be dismissed; Test Procedures. Testing methods to determine blood alcohol concentrations are imperfect at best. Like any scientific method, any test result has a margin of error. If the machinery is not properly maintained and even if it is properly maintained, the test results may vary from true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge.
    Answer Applies to: Minnesota
    Replied: 8/31/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    From what described, you may very well have some good legitimate arguments to bring up in defense of the charges, especially regarding the operating and maintenance of the Datamaster and other factors as well. A good DUI attorney is worth the investment. The amount they can save you in terms of possible jail, probation, fines, vehicle immobilization, license sanctions and suspension, and higher insurance premiums will more than pay for their services. Only a trained eye with lots of experience can carefully evaluate police reports and Datamaster results for errors that could get the charges reduced or dismissed. Seek legal counsel as soon as possible.
    Answer Applies to: Michigan
    Replied: 8/31/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    You should contact a qualified DUI attorney. You may have defenses to this charge.
    Answer Applies to: Michigan
    Replied: 8/31/2011
    Martin Law Offices, PLLC
    Martin Law Offices, PLLC | Matthew T. Martin
    You need to first file an Implied Consent Petition within 30 days to ensure that you have the chance to contest the revocation of your driving privileges. Please note that you may be able to get full driving privileges pending the outcome of your case, but you should consult with an attorney. Second, you will also need to request discovery and file pretrial motions in the criminal case in order to contest the admissibility of the evidence. Finally, be careful as to admissions on public forums such as "I was not as drunk when arrested, I was going to get food when pulled over" as these statements do not help your case.
    Answer Applies to: Minnesota
    Replied: 8/31/2011
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    Yes, you can fight a DUI. Hire a lawyer quickly. There are some things that a lawyer may want to do when defending a DUI that are time-sensitive. A lawyer would also certainly want to look into these things you mentioned as possible avenues of attack.
    Answer Applies to: Alabama
    Replied: 8/31/2011
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    You need to hire an experienced DUI attorney to fight this. This shoddy administration of chemical testing is all-too common. The results won't be accurate, particularly if you were belching, which can bring up "mouth alcohol" into your mouth and throat. The portable devices don't have a "slope detector" which lets the officer know of the presence of alcohol in the mouth. When this happens, the results will be inaccurately high. You need to fight this.
    Answer Applies to: California
    Replied: 8/31/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    The police and DA will likely want you to plead guilty to a DWAI charge. I do not know your breath results, so I cannot say anything about DMV. They may have marked you as refusal. Request a DMV hearing asap - definitely within 7 days of arrest if breath over .08 or refusal. Do not ask for officer to be present. Hire a good DUI attorney to help you.
    Answer Applies to: Colorado
    Replied: 8/31/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    You should get an attorney and plead not guilty. The prosecutor has to prove your ability to drive was impaired or that you had a breath alcohol concentration of .08 or more.
    Answer Applies to: Washington
    Replied: 8/31/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Hire an experienced DUI attorney. Also get your request for hearing into the Department of Licensing.
    Answer Applies to: Washington
    Replied: 8/31/2011
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    You are not alone. What did you say your breath test results were?
    Answer Applies to: California
    Replied: 7/9/2013
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