Alcohol & Drugs: DUI, DWI Dui???

[jec56673]

I pulled over in a public parking lot at 4:30am after dropping a friend off. I guess i went to sleep for a couple of mins when i woke up i had a cop flashing a light in my face asking me to step out of the car. he asked me if i had been drinking i told him yeah i had about 4 drinks at 1:30am. I then preformed the sobriety tests and passed the with flying colors. Then came the breathlyzer tests i had to preform three tests there..as if that wasnt enough the cop didnt tell me the results i was cuffed and taken downtown to preform two more tests. i was then fingerprinted and a photo was taken. Then i was free to leave. My question is....How many breathlyzer test can the leagally ask u to take before they arrest u? and because i took 5 tests can my case be thrown out? and if i wasnt in violation of any traffic laws when approached by the cops did they have any rights to approaching me at all?????

 

[CdwJava]

I then preformed the sobriety tests and passed the with flying colors.

How do you KNOW you "passed"? Many people believe they passed when they did not. Understand that the officer does NOT look for you to fall flat on your face - these are generally divided attention tests designed to evaluate a few things. The Standardized Field Sobriety Tests operate under the theory of observable "clues" - only ONE "clue" is stumbling or falling in each of the tests - the others (as many as 7 others depending on the test) involve other aspects of each test that are not so obvious.

Then came the breathlyzer tests i had to preform three tests there..as if that wasnt enough the cop didnt tell me the results i was cuffed and taken downtown to preform two more tests.

In my state, the breath test in the field is most often merely another form of FST - it is not the state mandated test. I believe this is the case in most every state. Thus, after you are arrested, you still have to blow for the required test.

How many breathlyzer test can the leagally ask u to take before they arrest u?

See my response above.

Generally, a valid test consists of TWO completed blows - which you performed at the department, apparently. The ones in the field are just sobriety tests and not mandated blows.

and because i took 5 tests can my case be thrown out?

Nope.

and if i wasnt in violation of any traffic laws when approached by the cops did they have any rights to approaching me at all?????

You were asleep in your car in a parking lot. This gives them reasonable suspicion to check things out. Whether that is sufficient to charge you with DUI depends on the laws in your un-named state. If the keys were in the ignition or the engine was running it's pretty much a given ... if not, then in some states you should not have been charged with DUI.

Consult local counsel.

- Carl

 

[jec56673]

can a prayer for judgement be used to clear me of a DUI charge in the state of NC?

 

[CdwJava]

I don't think it will help much. But, I'm not from your state.

Check this attorney's explanation:

http://www.attorneydavidcollins.com/Article_PJC.html

- Carl