dui

After fitting with my boyfriend, he wanted me to leave his home and I refused because I was too drunk to drive, I was too drunk to even walk. He refused to let me use a phone or take me. He finally forced me into my car, I don't remember much after that. I think I accidently hit the gas instead of the brake when I tried to leave. I droved right into the back of his truck. When the police arrived I was lying down on the side of road about a block from my car. The police seached my vehicle and purse before they even found me, and then they seached me. The keys to my vehicle have never been found. All this happened in the country and on his property. I have no previous tickets of any kind. What can I do? I tried explaining to police how this all happened but I think I was just to drunk to even explain. My bac on the first test was .098 but at the police station it was .14. Should I fight this? Do I have any defenses?

I don't know what state you are in and what the legal limit is there. If the limit is .10 then you probably can argue that your BAC was not over the limit at the time you were driving.

Yes, definitely fight it since they found you a block away. You could of gotten drunk after the accident had occured.

My wife was hit my a drunk driver about 20 years ago. He ran....the cops arrived at his apartment about 45 minutes later and stated they couldn't get him for dwi because he could of drank after the accident.

So get with a lawyer and see if something like that would apply in your case

[wtd]

We just had a case like that here in Las Vegas with a police captain - if I remember correctly, he slammed into a parked car, cut off a fire hydrant, bounced off a tree and drove home.
He wasn't charged with DUI because he claimed that he slammed back a couple after he had gotten home, because of the stress of the ordeal.

But in the original poster's case I don't think that defense would be particularly viable as it appears as though she was found passed out drunk along the side of the road.
I think that particular defense would require that you actually reach a destination where an alcoholic beverage could be obtained.

wtd