Arrested at home for dui

[ggswede]

What is the name of your state (only U.S. law)? California.My daughtr was arrested at home for dui,she had been home for 15 minutes,and had three shots of 80 proof tequila,when a female police officer arrived,and stated that someone reported that she had run two red lights.The officer then asked her to take a breath test,which she refused.She told the officer that she had the three shots after returning home,and that the test wouldn't be fair to her.She then turned and started to return to the house,at that time the female officer grabbed her and thru her to the ground,causing bruising to her face and arms and upper torso, 20-30 mins after placing her under arrest,they gave her a blood test.My daughter has been having an ongoing dispute with a neighbor,and has the police and others called on her for bogus reasons.Doesn't the person who made the accusations on the police report half to come forward ? Don't they half to be listed on the report filed by the police ?This whole issue sounds Fishy Any response would be helpful .What is the name of your state (only U.S. law)?

 

[Isis1]

So your daughter was driving, ran two red lights, ran inside the house and had three shots of tequila. Where was your daughter driving from? The state is accusing her of DUI. Someone reported a possible drunk driver. Someone reported your daughter for running red lights. An officer shows up, officer witnesses an intoxicated individual who admits to just having arrived home whilst driving. Officer clearly states she is arrested, daughter tries to resist the arrest by running away. Yeah, your daughter's story does sound fishy!

 

[tranquility]

Get an attorney. These are facts which could lead to the DA making a deal at the very least. An attorney could certainly fight many links in this chain.

 

[37IW]

Even if your daughter had three shots of an alcoholic beverage within fifteen minutes, and didn't drink an alcoholic beverage before the incident then she would NOT be intoxicated! So, if she wasn't guilty why wouldn't she consent to a breath test, it wouldn't of revealed her as being intoxicated while driving considering she would have to at least have a .10 BAC level at the aforementioned time frame.
Suck it up, she was drunk we all know it otherwise she wouldn't of attempted to be detained and tried to flee thus she was placed under arrest (the falling to the ground and being bruised). Be glad she didn't hit some one at one of the intersections and kill or paralyse an innocent person or herself.
Get her an attorney and attempt to get her some help as someone who sucks down three shots apparently has an alcohol problem not a neighbor problem!!

 

[tranquility]

Personal opinion is certainly relevant. But, I'm thinking 37IW is not that relevant to the OP's legal issue.

 

[Aunt♥Bunny]

Somehow I'm not inclined to believe mommy's or daddy's story. Mr. Tranquility's advice is sound and should be followed.

Lil swede's got mommy and or daddy wrapped.

 

[wrongsometimes]

I dont think in 10 min you can get your blood alc level up that high but that is a question for the experts. Why would you open the door for the cops??? Dont open the door, make them break it down. I think most courts ruled that another driver seeing a drunk driver is not probable cause to pull the car over -- the cop must actually see the bad driver's driving like they are drunk before they can pull the driver over.

 

[CdwJava]

I dont think in 10 min you can get your blood alc level up that high but that is a question for the experts. Why would you open the door for the cops??? Dont open the door, make them break it down. I think most courts ruled that another driver seeing a drunk driver is not probable cause to pull the car over -- the cop must actually see the bad driver's driving like they are drunk before they can pull the driver over.

Depending on the details provided by the reporting party, it just might support a stop.

That being said, it will be very hard to pursue this case for DUI. Once the girl got inside for several minutes and claimed to slam a few back, the case for DUI became very tenuous. Certainly, the story is horse dung, but, legally, it could potentially save her.

Yes, she was probably driving DUI and came up with this tale as a way to protect herself. Unfortunately, she will likely get away with it this time. Next time, she may well kill someone ... hopefully she gets help before it is too late for some poor person on the road.

In my neck of the woods 8 people have died from DUI drivers in the last few weeks ... none from unimpaired drivers ... buzzed driving IS DUI driving, folks.