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DUI in 2 states

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MichelleBurger

Junior Member
What is the name of your state? PA

My boyfriend had a DUI in PA in 1999. We are currently seeking to exponge this charge. Last week, he was arrested in Michigan for OWI after totalling his vehicle. He fell asleep and hit someone else. (He thinks) He does not know the other party involved. He gave no insurance information at the scene. He has no copy of the police report. The officer did a field test at the scene, and argued that he failed to submit to a Blood alcohol test. He was not read his rights, nor was he given the consequences for not submitting. My boyfriend argued that he was not failing to submit...he was totally willing to submit, but the officer charged him anyways and took his license. They didn't even take him to the hospital to check him for injuries. The police officer did man-handle him, ripping thru 3 shirts and grabbing him by his neck, causing bruising and scratches. He spent the night in lock-up, bailed himself out in the morning for $500. How can you fight any of this? What is going to happen back in PA? Does Michigan and PA share information about DUI's? We got an attorney in Jackon Cty, MI to help us fight the "Failure to Submit" charge. We are just confused on what can happen with DUI's in 2 states.
 


BigMistakeFl

Senior Member
BigMistakeFl

I'm not seeing what you would fight. The arrest was legitimate thanks to the accident he caused when he passed out. He's not entitled to have the Miranda Rights read to him, a common misnomer. The consequences for not submitting were given to him when he applied for and received his driver license. As for "man-handling" him, that will unfortunately for your BF be his word (impaired enough to cause the accident and not remember parts of it) against the cop's or cops'. Also the other witnesses, for instance, the victims in the other vehicle, will probably testify.

Your BF is entitled to a defense, and he should seek one. This is his second such offense and he caused an accident this time. It's serious enough to find a good DUI defense attorney, quickly.
 

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