Alcohol & Drugs: DUI, DWI I'm charged with a DUI for sleeping in my front lawn

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worldnick

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That's right I have been charged for a DUI for sleeping on my front lawn while intoxicated. I had been driving earlier in the evening, but not drinking. At my house I drank from a bottle of vodka and pass out while talking on the phone. The police come along and charged me with a DUI. How can they do this? They told me they have a witness who says I hit something. I think they just saw me on my lawn and wanted to charge me with something. I don't know what to do. They told me they had a witness. Who cares if they have a witness they even went to my friends house and he told them I went home sober hours ago. Are police allowed to lie? Is this the most absurd DUI case ever. Can I make them pay for my legal fees once this is over? Does anyone have any opinion on this?
 
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Its unlikely you will be reimbursed for your legal expenses, It shouldn't be hard to get it dropped if you go into court with your friends and argue your point. Although a lawyer would give you better odds but cost more. Typically a officer must witness a crime in order for a citation to be issued -that being said, why wouldn't they have issued you one when they saw you? That would be a good point to argue. If they did not bare witness to you driving while intoxicated, and collect a BAT (blood alcohol test) either though breath or though blood test, then they dont have much of a case. although your best advice will come from a local lawyer who may have seen with this issue before, chances are your not the first one.
 
Well need to know one thing where the keys in the ignition? If so you can right fully be charged with DUI. Where were the keys so i can help you out
 
yeah

Hey sorry it took me so long to get back to you on this. In fact I didn't have any keys on me at all. I have a lawyer (not quite sure about him because I found him randomly) and I'm waiting for him to get the police report. This is a really tough situation for me and I think the proper thing for them to have done is told me to go inside my house. If there was an accident in the neighborhood that night then they can investigate that to their hearts content, but I don't think they had any reason to arrest me other than a hunch which is ruining MY life.
 
When you go to trial you will certainly find out if they have a witness or not. Chances are, they have someone who can place you behind the wheel not too long before the arrest took place. I doubt they would just be driving along, see you passed out, and then arrest you for DUI ... they'd have popped you for public intoxication at that point.

No, you cannot sue them if the state loses the cases or drops the charges. Unless the officers made up everything and made an arrest without probable cause, you have no grounds to sue them.

Consult local counsel.

- Carl
 
And you logged in to provide THAT helpful little post?

Wonderful.

- Carl
 
Well, glad you could swing on by to offer poignant and relevant advice here.

Drop by again some time.

- Carl
 
The story doesn't make that much sense, though. So, you're talking on the phone outside and drinking vodka? You have so much you just pass out? Is it possible that you 'blacked out' took a drive, came home, than passed out on the lawn?

Plus, if you have any priors, that may have also influenced the police.

. . .and also how you behaved with them.

oh, and yes. . . Police will lie. . .
 
It has been a year since and...

I have had a lot of time to think about this conviction. My current opinion stands that maybe I was childish in drinking and being reckless, but I think the overall negative impact of our DUI laws is worse than what they are intended to prevent. The shear number of people in my DUI programs and the loss of work is enormous. I know people have died from drinking and driving, but will that ever justify punishing the entire population in a preventative effort to stop it from happening again? We don't live in a perfect world and people do die. My grandfather died and he was very important to me. That is how it works. Get over it.
 
The "entire population" is not being punished, only those who have been convicted of driving while impaired.

- Carl
 
Regardless, I think it's cool he came back here after a year. Wish more posters would do that.

can't believe I've been on this webpage for so long. . .wow
 
I think the laws are kind of ridiculous at times. I'd like to see mandatory breath test instruments in the car for a period of time, as opposed to license suspension/revocation.
 
raskalnikov said:
I think the laws are kind of ridiculous at times. I'd like to see mandatory breath test instruments in the car for a period of time, as opposed to license suspension/revocation.
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Many states have that as an option already - breath device and a license restriction, or no driving at all.

- Carl
 
Unfortunately, I know of a couple guys at a local bar that will blow into the interlock device for a ten spot. It's hardly a guarantee.

Unfortunately for these guys, ours is a small community and we tend to know who has a history for being drunk or not ... so, we just wait for them to mess up or get out of the car. ANY alcohol in their system and they are busted. Larger communities, though, are far more likely to have these offenders still out and about.

- Carl
 
I gather the pbt thing varies. In Michigan, at least, after 10 minutes of driving or whatever, it makes you blow into it again, etc.
 
That seems dangerous ... assuming it stops if it doesn't get a blow.

I think all of them out here are for startup only.

- Carl
 
Yah, that happens to. There are lights and the horn is attached, so if you can't blow into it cleanly, then lights start flashing and the horn starts honking. . . I think then you have a certain amount of time to go off the road. . .etc.

Yah, it is dangerous. And dumb. The Japaneese are developing a system where the steering wheel can detect alcohol from the persons hands on it. . .
 
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