Need input with DUI case

[bummerinMN]

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

Last summer I was arrested for DUI in MN.
I have retained an attorney.

I will give you some background and then ask you your thoughts if you please.

I was working in downtown MNPLS at my normal job, then had a side job in a suburb town on a Friday afternoon. I worked that job until around 10-10:30pm.
At that point, I went to a friends house because I was going to stay in town rather than drive home. I arrived around 11:00 pm and I had 2 drinks and 1 or 2 beers and we played Wii bowling, etc....honestly don't recall.

At about 12:00pm I later decided to drive back to my 'side job' to see if the work I was doing had completed yet (computer stuff).

My friend suggested a quicker route, which I took and told him I have a GPS in my car, and I should be able to find it.

I drove down the road he suggested about 3 miles (in the country) when I came upon a 90 degree curve that did not show up on my GPS and I did not know was there. I was unable to make the turn and crashed my car into the woods. (yes, I was going too fast).
(I later found out this corner is known in town as 'dead man's curve' because so many people have severe accidents there.)

Most of what happened after the accident is a bit hazy because it was very bad. I totaled my car and had hit my head, had a broken finger and some cuts.

I know someone stopped and asked if I was ok, and I'm pretty sure I said yeah, and he offered me a ride, and I refused, opting to stay with my car (so nobody stole anything out of it).

About (I'm guessing...I don't really recall) 30-45 minutes later I was sitting on the ground, next to my car, trying to call my friend to come get me, (took me a while to find my phone in the wreck). The police or ambulance showed up and I freaked and ran about 30 ft straight into a barbed wire fence. The cop yelled "stop police! Don't make me release the dog!". I stopped and yelled to tell him where I was and he came over and got me. I honestly don't know why I ran. Part of me says I knew it was a cop and part of me says I was in shock and really didn't know what I was doing. I honestly cannot say.

After that I don't recall alot...I know he gave me a field sobriety test and asked what happened but I don't remember what I told him. He later put cuffs on me and took me to the sheriff's station. I don't recall him telling me I was under arrest or what for.

So I tried to call an attorney but was unable to reach one at the station. They later came in and made me take another test. I asked for a breathalizer because I didn't feel I was drunk (maybe a concussioin, but not drunk), and he refused and offered me blood or urine.

I concurred with urine and they gave me the test.
They later fingerprinted me, but were unable to print one finger because it was broken and I couldn't hold it down firmly enough. I was never given any medical attention.
(However, the report claims I refused it, though I strongly doubt that, and even if I did, what is proper protocol here for someone who's been in a severe accident?)

I was released in the morning.

The next morning I retained an attorney who said I might have a pretty good case because of (probably shouldn't say).

The report later came back that I was .17

No....way at 2:45am, at least 3 hours after my last drink.

So my question is this:

How can they arrest me for DUI when they didn't pull me over. They have no way of knowing if I was impaired when I was operating the vehicle.

Curious on any opinions.

[bummerinMN]

Also I should add that I did have a DWI 15 years ago, but that is officially off my record because I've had a clean record since.

My lawyer intends to go to trial with this (I'm guessing as he is getting an expert witness), and my concern is if he cannot get the charges dropped, and I am convicted, would the judges ruling typically be more harsh than if I were to attempt a plea bargain of some sort?

[ERAUPIKE]

Originally Posted by bummerinMN

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

Last summer I was arrested for DUI in MN.
I have retained an attorney.

I will give you some background and then ask you your thoughts if you please.

I was working in downtown MNPLS at my normal job, then had a side job in a suburb town on a Friday afternoon. I worked that job until around 10-10:30pm.
At that point, I went to a friends house because I was going to stay in town rather than drive home. I arrived around 11:00 pm and I had 2 drinks and 1 or 2 beers and we played Wii bowling, etc....honestly don't recall.

At about 12:00pm I later decided to drive back to my 'side job' to see if the work I was doing had completed yet (computer stuff).

My friend suggested a quicker route, which I took and told him I have a GPS in my car, and I should be able to find it.

I drove down the road he suggested about 3 miles (in the country) when I came upon a 90 degree curve that did not show up on my GPS and I did not know was there. I was unable to make the turn and crashed my car into the woods. (yes, I was going too fast).
(I later found out this corner is known in town as 'dead man's curve' because so many people have severe accidents there.)

Most of what happened after the accident is a bit hazy because it was very bad. I totaled my car and had hit my head, had a broken finger and some cuts.

I know someone stopped and asked if I was ok, and I'm pretty sure I said yeah, and he offered me a ride, and I refused, opting to stay with my car (so nobody stole anything out of it).

About (I'm guessing...I don't really recall) 30-45 minutes later I was sitting on the ground, next to my car, trying to call my friend to come get me, (took me a while to find my phone in the wreck). The police or ambulance showed up and I freaked and ran about 30 ft straight into a barbed wire fence. The cop yelled "stop police! Don't make me release the dog!". I stopped and yelled to tell him where I was and he came over and got me. I honestly don't know why I ran. Part of me says I knew it was a cop and part of me says I was in shock and really didn't know what I was doing. I honestly cannot say.

After that I don't recall alot...I know he gave me a field sobriety test and asked what happened but I don't remember what I told him. He later put cuffs on me and took me to the sheriff's station. I don't recall him telling me I was under arrest or what for.

So I tried to call an attorney but was unable to reach one at the station. They later came in and made me take another test. I asked for a breathalizer because I didn't feel I was drunk (maybe a concussioin, but not drunk), and he refused and offered me blood or urine.

I concurred with urine and they gave me the test.
They later fingerprinted me, but were unable to print one finger because it was broken and I couldn't hold it down firmly enough. I was never given any medical attention.
(However, the report claims I refused it, though I strongly doubt that, and even if I did, what is proper protocol here for someone who's been in a severe accident?)

I was released in the morning.

The next morning I retained an attorney who said I might have a pretty good case because of (probably shouldn't say).

The report later came back that I was .17

No....way at 2:45am, at least 3 hours after my last drink.

So my question is this:

How can they arrest me for DUI when they didn't pull me over. They have no way of knowing if I was impaired when I was operating the vehicle.

Curious on any opinions.

At .17 I doubt your memory would be very reliable anyway. You seem to start getting fuzzy in your story about the same time you started drinking. An attorney, though not a very ethical one, is also a salesman. You can shop around and eventually find one that will tell you everything you want to hear, keep in mind they are paid the same win or lose. A urine test is a very reliable and often irrefutable solid evidence as to the level of your intoxication. Please re-read your story and see how erroneous your claims really look and how foolish you are about to look in court telling these childish lies. Time to grow up and time to own up to what you did. Be thankful that you are alive and did not kill anyone else.

[bummerinMN]

Originally Posted by ERAUPIKE

At .17 I doubt your memory would be very reliable anyway. You seem to start getting fuzzy in your story about the same time you started drinking. An attorney, though not a very ethical one, is also a salesman. You can shop around and eventually find one that will tell you everything you want to hear, keep in mind they are paid the same win or lose. A urine test is a very reliable and often irrefutable solid evidence as to the level of your intoxication. Please re-read your story and see how erroneous your claims really look and how foolish you are about to look in court telling these childish lies. Time to grow up and time to own up to what you did. Be thankful that you are alive and did not kill anyone else.

Thanks for not judging me and the objective replies to my questions.