DUI at home

[scma0711]

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

I am the age of 20 and was driving home. I got stuck and so I left my keys in my vehicle then I walked home. Cops then came to my house which I do not remember very well, they kept badgering me and twisting my words which I panic, and admitted to having a few drinks. At this point I was very intoxicated and do not remember them reading me my rights or asking me questions and got arrested for a dui, blowing below a .2 but higher than a .08. I do not remember them asking me questions so I am afraid what I admitted to. It just happened so I am going to talk to a lawyer tomorrow about it. What are my options? Advice? If I was too intoxicated to understand my rights, could what I said be dismissed?

 

[ElvinMelvin]

I am the age of 20 and was driving home. I got stuck and so I left my keys in my vehicle then I walked home.

You abandoned your vehicle.

Cops then came to my house

They ran your plates and found your address.

which I do not remember very well,

Cuz you were hammered.

they kept badgering me and twisting my words

i.e. they asked you what happened, why had you abandoned your car, how much had you been drinking.

You know, the usual questions

which I panic

,

Cuz you're busted.

and admitted to having a few drinks.

And presumably driving your car afterwards.

If you did admit to having a few drinks and then driving, then congratulations, you have run afoul of Minnesota's Zero Tolerance law (colloquially called the "Not a Drop" law). They don't need to prove you were under the influence. They do not need to show that your BAC was over 0.08.

I do not remember them asking me questions so I am afraid what I admitted to.

I'm guessing everything. And in any event, you say you can't remember so you have no real way to refute their testimony.

It just happened so I am going to talk to a lawyer tomorrow about it.

First thing in the morning.

Advice?

Listen to your lawyer. Do not--ever--talk to the police, DA, or anyone else in law enforcement without your attorney present.

ETA: NEVER drink and drive. And, btw, if you can't even remember the police questioning you, you might want to reconsider your drinking habits.

If I was too intoxicated to understand my rights, could what I said be dismissed?

Not a chance. Anyhow, if they did not interrogate you while in custody then there was no reason to read you your rights.

 

[scma0711]

Yes I realize it was a dumb mistake, I have no prior alcohol related events or record of any kind. I go to school full time and work part time. It was the first time I drank in several weeks so I dont need the guilt trip, I know it was an idiotic thing to do. I understand the not a drop law, but I was seeking legal advice, on how about going through this. So if anyone has insight, please feel free to post.

 

[cyjeff]

You want to use "I was too drunk to understand I was being arrested for DUI" as your defense?

 

[scma0711]

No sir. My defense is that they have no proof to me actually driving my vehicle while intoxicated, they came to my house 2.5 hours after I went into the ditch, when I came home and had an additional drink. Believe me, I feel like an idiot for getting myself in this situation, but I am just asking legal advice whether or not to fight this.

 

[Iwonder?]

um

Git Lawyer.


I read that sometimes back, was it Seniorjudge? smart guy.

 

[cyjeff]

No sir. My defense is that they have no proof to me actually driving my vehicle while intoxicated, they came to my house 2.5 hours after I went into the ditch, when I came home and had an additional drink. Believe me, I feel like an idiot for getting myself in this situation, but I am just asking legal advice whether or not to fight this.

First, you do realize you aren't old enough to drink, right?

Secondly, did you TELL them you had a drink before you drove? If yes, the fact that you not only put your car in a ditch but figured it was okay to leave it there rather than calling for help is a pretty convincing argument.

 

[Machiavelli]

Hello scma0711,

In this type of case the better (usually, most expensive) attorney you have the better you'll come out, as you have several things working for you, especially the fact that you were not driving when apprehended. Whatever you do, don't leave it to a public defender. Good luck and don't let it happen again.

 

[LizzieB]

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

I am the age of 20 and was driving home. I got stuck and so I left my keys in my vehicle then I walked home. Cops then came to my house which I do not remember very well, they kept badgering me and twisting my words which I panic, and admitted to having a few drinks. At this point I was very intoxicated and do not remember them reading me my rights or asking me questions and got arrested for a dui, blowing below a .2 but higher than a .08. I do not remember them asking me questions so I am afraid what I admitted to. It just happened so I am going to talk to a lawyer tomorrow about it. What are my options? Advice? If I was too intoxicated to understand my rights, could what I said be dismissed?

You answered your door. You opened your mouth. You admitted to drinking. Did you also admit to driving? You blew.

Dude. You lose. Sorry.

Alternative scenario...

Cops show up at door. Do not answer.

What can they do? Tow your car?

Live... and learn.