I need some expert advice on a current DUI charge....Please

[kevinmcnasty]

My friend and I were going into a restaurant and there were 2 police cars right in front of the entrance. As I walk into the restaurant,
i turn around and notice that the cops are cuffing my friend. I started walking towards the glass door to see what the matter was
and i was put in cuffs as well and given a field sobriety and a breathalizer test which i failed (.09)
The Cop said he saw me get out of the drivers side of the car.
I wasn't doing anything suspicious or stumbling, so would'nt he need some sort of probable cause to apprehend me like he did,
and also wouldn't he have to prove i was in the driver seat?

*Let me know if you guys need more specific details. Thanx

I'm in Mississippi BTW.

 

[dave33]

The police report will most certainly cover all the bases.

 

[kevinmcnasty]

I haven't got to see it yet, but I guess the big question is, "Can they charge me with DUI if I was drunk, but not in the vehicle when they apprehended me?" (even though they may have seen me get out of it)

 

[Ohiogal]

I haven't got to see it yet, but I guess the big question is, "Can they charge me with DUI if I was drunk, but not in the vehicle when they apprehended me?" (even though they may have seen me get out of it)

Yes.