1st offense dui in the bay area need advice

[MarcD925]

What is the name of your state? California

So thursday night i went out with some friends for another friends birthday we had a few drinks. I then took one of my other intoxicated friends home then i headed back to my area with another passenger. my passenger needed to throw up so i pulled over for him. By the time we left the first person's house who i dropped off i was already sober. i then pull over again for my passenger to throw up then i look back and theres CHP. They performed the sobriety test and also gave me the breathalyzer i blew a 0.8 the legal limit so then he handcuffed me and told me i was being arrested for dui BUT he gave me the option to have my car impounded or have someone pick it up. so one officer put me in the front seat of the patrol car then the other got in my car and movied it to a nearby target parking lot. me and my passenger went to the pd and were never finger printed of pictures taken also no jail time just basicly waited for a ride home to pick up my car and me and my passenger.

now from what i'v been hearing they had no right to move my car i heard that dui= impound

and also they never fingerprinted me

was this a legit arrest or can i sue them??

 

[garrula lingua]

The guy did you a favor by not impounding your car and you want to sue him ?

 

[garrula lingua]

PS: the newer 'scanning' machines take fingerprints.

 

[LakersFan]

Did you take a breath test at the station?

 

[CdwJava]

my passenger needed to throw up so i pulled over for him.

That's like sending up a flare for a passing officer!

'Hmmm .... passenger barfing ... could be drunk ...'

By the time we left the first person's house who i dropped off i was already sober.

Really? You know this ... how?

i then pull over again for my passenger to throw up then i look back and theres CHP.

Not surprising.

They performed the sobriety test and also gave me the breathalyzer i blew a 0.8 the legal limit so then he handcuffed me and told me i was being arrested for dui

Of course, you realize that one can also be impaired UNDER the 'per se' limit of .08, right?

BUT he gave me the option to have my car impounded or have someone pick it up.

Wow! He was nicer than most! Typically they just impound it.

me and my passenger went to the pd and were never finger printed of pictures taken also no jail time just basicly waited for a ride home to pick up my car and me and my passenger.

Lucky you.

now from what i'v been hearing they had no right to move my car i heard that dui= impound

Community caretaking allows them to move the vehicle. They could have towed it and you would be out about $300 even if you picked it up the next day - the officer did you a HUGE favor.

and also they never fingerprinted me

Not required until booking prior to trial.

was this a legit arrest or can i sue them??

Sue them for what?

yes, this is a legitimate arrest. Were you issued a citation? Were you given another test at the station (breath or blood)? Were you provided a DS 367 (aka an 'Admin per se' form)?

You have nothing to sue for.

- Carl