What is the name of your state (only U.S. law)? Oregon
I was recently pulled over for an illegal left turn. During event I was asked about my drinking and weather or not I had anything to drink? I must have been asked at least a half dozen times in a very short period how much I had drank, what types of alcohol and where I was. The officer repeated himself repeatedly. They then proceeded to administer the field sobriety test on the sidewalk. This by the way was on hill at a pretty significant incline. They even commented dot such. I had two beers and was arrested for a drinking and driving. I was not read my Miranda rights until I was handcuffed taken down town and sitting in front of the BAC machine. I thought that it was required to reads my Miranda Rights immediately following my being placed in police custody? While in police custody I took a breathalyzer test and passed with a .05 or less. It was obvious to me that the officer was surprised by my levels on the BAC. The cops were not satisfied with that and pursued a series of questions about illegal drug use. Asking if I had smoked marijuana or done any other form of drug that day. I replied "NO." They asked me to submit to a UA which I did. The test was administered by the officer and not the DRE. From what I have read online the test must be given by the DRE. After continued pressure about my level of intoxication I was reduced to telling them I was a smoker but I had not smoked that day. I continued by saying it had been more than 24 hours since I last smoked. Truthfully I had smoked 8 hours before they made me take a UA. I had not eaten all day and it was now 9PM when they then brought a DRE expert to test me. From what I understood my levels blood pressure, heart rate and pupil test were within the legal limits (maybe slightly high) due to nervousness and being scarred. I was released on my own recognizance and I still have my license. I know face a DUII. What can I expect if I passed a breathalyzer but fail a UA? This is my first offense. Can my lack of eating and sleep cause me to fail the DUII? I felt extreme pressure by police to admit to being under the influence. I contend that I was fine to drive and my breathalyzer proved my point. In others experiences what should I be doing? I have a lawyer involved but I feel this should be dismissed based on lack of evidence.
I was recently pulled over for an illegal left turn. During event I was asked about my drinking and weather or not I had anything to drink? I must have been asked at least a half dozen times in a very short period how much I had drank, what types of alcohol and where I was. The officer repeated himself repeatedly. They then proceeded to administer the field sobriety test on the sidewalk. This by the way was on hill at a pretty significant incline. They even commented dot such. I had two beers and was arrested for a drinking and driving. I was not read my Miranda rights until I was handcuffed taken down town and sitting in front of the BAC machine. I thought that it was required to reads my Miranda Rights immediately following my being placed in police custody? While in police custody I took a breathalyzer test and passed with a .05 or less. It was obvious to me that the officer was surprised by my levels on the BAC. The cops were not satisfied with that and pursued a series of questions about illegal drug use. Asking if I had smoked marijuana or done any other form of drug that day. I replied "NO." They asked me to submit to a UA which I did. The test was administered by the officer and not the DRE. From what I have read online the test must be given by the DRE. After continued pressure about my level of intoxication I was reduced to telling them I was a smoker but I had not smoked that day. I continued by saying it had been more than 24 hours since I last smoked. Truthfully I had smoked 8 hours before they made me take a UA. I had not eaten all day and it was now 9PM when they then brought a DRE expert to test me. From what I understood my levels blood pressure, heart rate and pupil test were within the legal limits (maybe slightly high) due to nervousness and being scarred. I was released on my own recognizance and I still have my license. I know face a DUII. What can I expect if I passed a breathalyzer but fail a UA? This is my first offense. Can my lack of eating and sleep cause me to fail the DUII? I felt extreme pressure by police to admit to being under the influence. I contend that I was fine to drive and my breathalyzer proved my point. In others experiences what should I be doing? I have a lawyer involved but I feel this should be dismissed based on lack of evidence.
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