Virginia DUI..need help!!

[Tonibaby]

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

Here's the scoop:

Worked until 11 pm and went to local (actually on out skirts of town in another state) bar afterward for a friends birthday party. Drank 5 beers. At the end of the night my friend and her boyfriend got into a fight (he is very abusive) and she didnt want to leave with him. Argument and fight ensued and police were called but the boyfriend disappeared when the police showed up. After police left the girlfriend, another guy and I left. As we were pulling out boyfriend appeared and ran for his car to follow us. To give him time to cool down I drove around for about 45 minutes. When I arrived at my house he was sitting in my driveway so I drove up the hill and he pulled out and followed, chased me at high rate of speed through my residential neighborhood and rammed my car 6 times completely demolishing my bumper. To get away from him I sped into the store up the road and my friend called the police. When the police arrived no one was in the vehicle. I explained to the officer what had happened (everything I have told you here) and admitted to driving the vehicle. After telling what happened the officer gave me a breathalyzer and did a FST and said I failed and proceeded to arrest me. I have been to my arraignment and hired a public defender who says because I admitted to driving I will be charged for sure. Spoke to a veteran police officer (31 yrs) and he says the charge should not hold up because the officer didnt see me physically driving the car even though I admitted to driving. I am confused and not sure who to believe in this case. As the officer said no one was in the car so how can I be charged for driving? I can see a drunk in public charge maybe but not dui. Just makes me think...if I admitted to buying/smoking an 8 ball of crack but he didnt see me do it would I get a charge for possession of a controlled substance?!

 

[Prima Facie]

Greetings -

I'm sorry to say that the veteran police officer gave you incorrect information. Just as a police officer does not have to personally witness a murder, a rape, or a theft in order for a suspect to be prosecuted, there is no requirement that a police officer witness drunk driving. Moreover, if you admitted to buying illegal drugs, then you could indeed be charged with possession of a controlled substance depending on the circumstances.

For a variety of reasons such an admission may not always lead to an arrest and prosecution. However, in this case you were in a public area and you were still intoxicated, so you were a danger to yourself and to the public.

If you are charged, then the prosecutor must prove beyond a reasonable doubt that you drove under the influence of alcohol. The fact that you failed the breathalyzer and the FST is obviously strong evidence that you were intoxicated. That just leaves the issue of whether you were driving, and I'm afraid that your admission answers that question. Had the police officer witnessed you driving the vehicle, then that would certainly be useful evidence against you, but it is not necessary if the prosecutor can use other evidence to prove your guilt.

I wish I had better news. Good luck!

 

[FlyingRon]

I agree with Prima...your admission to the officer will be perfectly admissible. You listen closely to your lawyer.