Please help with a DUI

My boyfriend was arrested in Florida, USA for DUI the end of June. We were driving home from a social event that was held at the Hyatt. We were driving a Merc. Benz with very tinted windows. One can not see in them well during day time. We were both dressed very well due to the event. When we left a little yellow car filled with 3 kids started tring to race us and kept cutting of off. They would get in front of us and then slow down and not let us pass. Like I said they were kids...playing games. We then pulled onto a back road to get away from them. One of the kids had a cell phone and called 911 to report a white Benz that was harassing them. When we were on the back road we pulled over because my boyfriend had to use the restroom and as all men can they will do it anywhere! The car was turned off and the keys were not in the car. While my boyfriend was outside of the car the kids found us and pulled over, then 2 police cruisers pulled up. My boyfriend noticed the kids had come back and walked over to one of the police officers to tell him that someone was following us. At that point the police officer asked if the Benz was his, not was he driving. The police officer proceeded to give him field sobriety tests then arrested him for DUI. Then they came to the car and arrested me for obstuction because I was asking what was going on. But that is a whole other issue. The point is he was arrested and has been put through hell and back and there is no proof that he was even dring the car. Is that right and can this hold up? Due to some jealous little kids and police officers are lives are on the verge of being riuned. He gets arrested for DUI and no one even asked if he was driving the car, furthermore no one asked if I was driving the car. Which I can say, in the past when we have been out and we feel that one of us has had a bit to drink the other drives. We have always respected the law and trusted in it. But now we are questioning it and want to know where our rights are. If anyone can give us advice we would really appreciate it. Again, I please ask you all for help. Thanks! Jill

This could get interesting. First you've said there's no proof of who was driving the car. That's not entirely true. The "kids" in the yellow car will probably be happy to testify as to who was driving. I'm assuming that your windshield isn't tinted to the same level as the rest of the car, and the "kids" got good looks from all angles. Now the point could be argued that you're not the same Mercedes they saw unless they got your license plate number. (possible) If they did, that's out the window. You have one last possible defense. Were you ever given a breathylyzer or blood test? If not, it's your word against the police officers unless they had an in car camera, although again the "kids" can testify to what they saw, assuming they were there for the test. This is a long shot, but were there any other witnesses? If you could provide testimony that they were biased, you might have be able to discredit them. I'd talk to a lawyer and get a copy of the tape from the in car camera. If it's pretty obvious he was drunk you might want to cop a plea. Otherwise you might be able to fight this. It seems strange to me that they did the FST, said you failed then didn't do the other tests. If they did do the other tests and they confirmed the officer's suspicions you're probably sunk. As for the obstruction thing I don't know. It would depend on what was said and done. Were you sitting in the passenger's side when the officers approached? That would help their case, although it's not conclusive. Is this a jailable offense? If so see if you can get a public defender. As always, see if you can get a copy of the law in the library. They might shed some light on which tests can be trusted, and which cannot. The Colorado Revised Statutes lists different defenses offered and decisions made. As for respecting the law a saying comes to mind. "People who obey the law and love sausage should never watch either being made." Understand, if you'd been drinking your perception might have been skewed. Definitely get a copy of the tape.