Arrested for dui at home

[robbyc1234]

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

I was at a friends house and had acouple of drinks, drove home and continued drinking. Got into an argument with girlfriend who then called police and told them I was drunk when I got home. Police showed up 1.5 hrs after I was at home drinking and arrested me for DUI. How can I beat this?

 

[OHRoadwarrior]

A county sheriff in Ohio had an accident down the street from his home. When the local police arrived at his friends where he waited near the car, he had several open containers of alcohol. He said the accident upset him so much he just started drinking and had no idea how much alcohol he had consumed after the accident. Though his alcohol level was above the legal limit, the officers could not substantiate it had been at the time he drove.

Is your girlfriend trained in observing and determining people that are over the legal limit? Did she happen to administer a breath test to you after you arrived there? Were you in her view the entire time you were at the residence? I would be discussing these issues with my attorney.

 

[BOR]

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

I was at a friends house and had acouple of drinks, drove home and continued drinking. Got into an argument with girlfriend who then called police and told them I was drunk when I got home. Police showed up 1.5 hrs after I was at home drinking and arrested me for DUI. How can I beat this?

When they knocked on the door, did you let them in or step outside the home to the porch, etc?

 

[robbyc1234]

The girlfriend was outside to meet them and then I came out.

 

[BOR]

A county sheriff in Ohio had an accident down the street from his home. When the local police arrived at his friends where he waited near the car, he had several open containers of alcohol. He said the accident upset him so much he just started drinking and had no idea how much alcohol he had consumed after the accident. Though his alcohol level was above the legal limit, the officers could not substantiate it had been at the time he drove.

How did they know it was the legal limit? Ohio used to be .10, now it is.08.

One need not have to be observed driving for an officer to have PC to charge an OVI., as in the scenario you post.

 

[BOR]

The girlfriend was outside to meet them and then I came out.

Then you were in a "public place" so the warrantless arrest was proper.

To combat a DUI charge, the element is you were not at or above the legal limit or under the influence of other drugs.


Did they give you a breath or any other test?

 

[CdwJava]

Yes, it is possible to successfully prosecute you for driving while impaired based upon the witness testimony, but, it may be a tough case to make if the facts bear out your accounting.

I don't know that a prosecutor would want to go ahead with this unless they had reason to believe you just arrived home and that the witness/girlfriend was a strong witness.

If she is still your girlfriend, the prosecutor should be concerned that her memory might become a little ... uh ... "fuzzy" bu the time trial comes up.

Consult legal counsel.

And consider re-evaluating your drinking.

 

[GoIllini]

Yeah, but this case doesn't look anywhere near as strong as a typical drunk driving case.

Guy comes home and starts drinking. 90 minutes later, girlfriend calls police says he drove home drunk (no training in identifying drunk people), 3-4 beers after he got out of the car, police give him a breathalyzer and whaddayaknow, he's drunk.

Prosecutor is going to have a hard time proving this based on pro-se given that nobody knows what his BAC was when he was driving. Somewhat biased lone witness that got into an argument with defendant before calling police and having them come over and breathalyze him has to testify that he was drunk when he got out of the car. Maybe the prosecutor can ask about how many beers the defendant drank and calculate BAC back from when he was breathalyzed to when he got out of the car, but that's a lot of variables to manage.

Complicated case to prove. OP needs to find a good lawyer, but I think he should consider himself lucky he got caught by a girlfriend rather than pulled over.

 

[robbyc1234]

How is my drive way on private property considered public?
Yes I was given a breathalyzer which I failed, but I was home drinking.

 

[BOR]

How is my drive way on private property considered public?

It is though. You can of course ask that of your attorney.

Yes I was given a breathalyzer which I failed, but I was home drinking.

Then that is another element to tell your attorney. The state has to prove beyond a reasonable doubt the charge.

 

[CdwJava]

How is my drive way on private property considered public?

It is publicly accessible. The arrest should be good in that regard.

Yes I was given a breathalyzer which I failed, but I was home drinking.

And your attorney will have a pretty good chance of defending you ... provided there is no evidence or statements from the girlfriend indicating you had just returned home, or, that she saw you stagger out of the car reeking of booze.