Alcohol & Drugs: DUI, DWI dui

[digdug]

was at my house for an hour the cops pulled up at my house and said someone had called saying i was a driving wreckless, so they asked if i had been drinking i told them yes, but i had been inside for an hour drinking at the house they tried to make me use the breathalayzer but i refused, so they charged me with dui, do they have a case

 

[CdwJava]

It may well depend on the laws in your state and the details of the case, but it sounds like it would be a tough case for the state to make.

- Carl

 

[lwpat]

I agree and have to believe there is more to the story. Retain an attorney and it should be dropped.

 

[Sibee]

I think it would be almost imposable for them to prove you had been drinking while in the vehicle so charging you with a dui would be vary difficult, and i think most officers know that. That leads me to believe that there is more to the story as well. Could help you more if i knew.

 

[digdug]

okay the exact story is that my friends and i were having a party at his house about a mile from my home, i took my friends truck home on the way i hit my neighbors mailbox, so i stopped at my dads, who lives about 500 yards from my neighbor, because he knows my neighbor better then i do. while i was there my neighbor showed up to ask if i was okay, of course i apologized and offered to pay for the mailbox, she said that was fine and i paid her money for mailbox and then had them replaced the following day. after all this i had to call my friend to let him know the bad news about his truck, i was sitting at my dads house for about an hour. during this time we had a couple of mixed drinks, then a knock on the door and it was the police someone had called them after i had hit the mailbox, the officer asked if i had been drinking i told him i had been drinking with my dad in the house, he started to give me tests and i refused because i had been drinking in the house, so he handcuffed me and took me the police station where i refused to take the breath test, he then charged me with dui, hit and run, careless operation of motorvehicle, my neighbor signed documents stating we had already resolved the mailboxs before the cops got there, so i just want to know if they have a case on any of the charges

 

[CdwJava]

It sounds like they can have a case on any or all of the charges. It might be inferred that when the neighbor spoke to you, and if he smelled alcohol on your breath or observed you acting apparently inebriated, that you were drunk. The fact that you hit a mailbox lends credence to that allegation. At the very least it would appear a relatively easy case to make that you had carelessly operated a motor vehicle.

You need to consult that attorney who can then review the state's case and determine if they have anything at all.

- Carl