Arrested after parking car in my driveway - 2nd DUI

[nonamer]

What is the name of your state (only U.S. law)? NY

I was out late and on my way home I dozed off and ran off the road, damaging my car but did not damage any other property. I decided to drive it home. On the way, it was riding rough. I expected that but got out and checked it again. I noticed my tire was flat or had gone flat. I was close to home so I decided to try and make it.

A couple blocks from home and a cop pulled up behind me and passed by me since I slowed down and temporarily pulled over. I didn't pull over because he flashed his lights, I pulled over because I was going slow. I then proceeded to drive home and got into my driveway and got out to check the car again. I realized then that it was a mistake to drive as the damage only worsened. I was about to unlock my house door, when the cop pulled up in the street, and asked me to come over to his car.

That is when he started questioning me. He said he noticed me up the road and saw parts of my tire on the road. He asked me where I was, how I got home, and if I was in an accident. I told him the truth about hitting the curb. I wasn't exactly sure of the road names I took since I was out at an unfamiliar part of town. I basically know the way through the neighborhoods on the route I took, but I cannot exactly remember all the street names sober or not. I told him the best that I knew and was honest.

He made me take 4 field sobriety tests and said I passed two of them. He never gave me a field breathalyzer test before they took me to the station. At the station, I refused to take the stationary breathalyzer. I signed a form that I believe only told me of my miranda rights, etc. but I don't quite remember all of it. I was unsure if I wanted to take the breathalyzer or not, since I believed that I may pass it, or maybe barely above the legal limit. So, I refused. I told them a couple times that I was unsure until they gave me one final chance to take it. After I refused, I stated that I may want to consult an attorney for this decision. One of the officers looked at me and did nothing while the arresting officer never acknowledged me or that I said anything.

I realize that I will most likely have my license revoked in NYS but that is not my main concern at this time. I am more concerned about the criminal charges since this is my 2nd DWI arrest in 8 years.

What are my chances with this case?

Was the breathalyzer refusal the right thing to do? They have no measure of my BAC so I am guessing this won't hurt my case.

Does anyone know if they will plea a case like this in NY? I realize that NY has a no plea bargain law in DUI cases, but I am still hopeful.

Will me saying that I may want to consult an attorney right after I refused the breathalyzer help my case or does it not matter since I refused it already. I said that less than 30 seconds after I refused.

Can they actually arrest me after I am already home and out of my car? I realize that the cop did see me on the road and I believe that I did say I was driving.

[irish77]

If he witnessed you driving, he can follow you wherever he wants. He must of thought he had probable cause and the accident and damage most likely didn't help. I would get a lawyer.

[FlyingRon]

You will lose your license for a year and have to pay $500 for the refusal. You are lucky that your prior was 8 years ago. There's a 5 year look back for additional refusal sanctions. However a year is what you were looking at for the DUI anyhow.

Yes, you probably did the right thing because it sounds like you were substantially impaired and would have blown over .08.

They will now have to proceed to trial based on the other evidence. You need a lawyer.
This is a felony you are charged with.

Yes, they can stop you after you get out of the car (home or otherwise). Actually, the fact you stopped makes it easier for them.

Don't forget the MV-104.

[seniorjudge]

Originally Posted by FlyingRon

...

Yes, they can stop you after you get out of the car (home or otherwise). Actually, the fact you stopped makes it easier for them.

...

I disagree!

This is a game of tag.

Our poster forgot to yell, "Ollie! Ollie! Oxen free!"

That was his mistake.

[nonamer]

Originally Posted by FlyingRon

Yes, you probably did the right thing because it sounds like you were substantially impaired and would have blown over .08.

Maybe or maybe not. I realize there is no definite method of forecasting a result without the actual test, bit I do believe you can get a feel for how drunk you are. I refused because of the past DWI and was willing to lose my license. I thought it would have been too much of a gamble to have that evidence against me. Regardless, it's over now and there is no taking it back.

Originally Posted by FlyingRon

Yes, they can stop you after you get out of the car (home or otherwise). Actually, the fact you stopped makes it easier for them.

Do you mean when he passed by me? Or, when I stopped in my driveway? I actually didn't stop on the road, just slowed down and pulled off to the side.


Also, I realize this forum isn't used for lawyer referrals and that there is a referral link on this site, but, there were very few listed on that search. I also don't believe that simply because a lawyer advertises alot makes him better than others. So, would anyone know of a good attorney in the Buffalo, NY area?

So, how else does someone go about finding a good attorney? I would gather that getting referred by others is a good source but I've struck out with that method so far. Is there a way to search out their record for how well they handle DWI cases? Does anyone know of an internet site that provides reviews?

The only other method I can imagine is by interviewing different attorneys. Besides the obvious, what are the most important questions to ask them? What is the best way to judge them by the answers they give?

[FlyingRon]

To stop you while you were driving, he'd need to articulate a probable cause (traffic violation, non-functioning equipment, swerving). Sine he came accross you while you were out of your car, he's free to just start asking questions.

As for finding an attorney, if you can't find someone to give a personal reference, call the bar association in the county in which you are charged and they should be able to provide a list of names for lawyers who handle your type of case.

[You Are Guilty]

Although you can always head over to your local criminal court and observe lawyers in action to see who you like, most people find getting a referral easier:
http://www.courts.state.ny.us/litigants/attorneyreferral.shtml

[Alex23]

Does it happen often that an officer goes to the drunk driver's house after the driver has safely arrived home to then arrest him for drunk driving? Let's assume the neighbor knows that the individual is a known drunk driver and reports him for driving home drunk again. Or assume that the officer saw the car as in the OP, but didn't find the house for another hour, giving the defendant time to shower, change, and start drinking again??

This sounds unlikely, but I imagine that it's not impossible. And he could always insist that he drove sober and drank a lot right when he got home. That probably happens, too.

Related: A friend received DUI because police officer observed him make a (legal) U-turn in front of his house. It was late, and he might have done it quickly, or sloppy, who knows. Still, he was arrested in front of his house after having parked. No need to comment on this, just that there are lots of unfortunate DUI stories.

[outonbail]

So, how else does someone go about finding a good attorney?

The best source for finding a good attorney, is a bailiff or sheriff who is assigned courtroom duty. These guys/gals are in court all day. They hear and see them all in action and therefore know which one's are worth their weight in gold and which ones you should stay clear of.

Go to court and ask a bailiff who he/she recommends. Not many people think of asking these folks, but they are right there watching them all day, every day. They know who you should hire!

[nonamer]

Thanks to everybody for the lawyer suggestions. I am sure they will be helpful.