What is the name of your state (only U.S. law)? North Carolina
I was unfortunately driving under the influence and crashed my car into a curb. A nearby Sheriff saw the accident (not the actual crash, but saw my car disabled on the side of the road) and came over to see what had happened and then proceeded to call local PD. When the local PD arrived, I had told them I crashed into the curb on accident (I didn't think I was over the limit, but I was) and they then proceeded to give me the standard tests and after I refused to blow into the portable breathalizer they had on them, they arrested me and took me to the local jail. I was released later on that night to a sober adult.
My question is am I pretty much stuck on this one or is there any chance I could get it dismissed? While I was in fact driving, none of the officers ever saw me driving or even inside the car, other than me admitting guilt in a drunken state, there is nothing else that proves that I was driving. I was told that an officer can not use the admission of someone under the influence as the sole reason for determining that someone had committed a DUI?
I was unfortunately driving under the influence and crashed my car into a curb. A nearby Sheriff saw the accident (not the actual crash, but saw my car disabled on the side of the road) and came over to see what had happened and then proceeded to call local PD. When the local PD arrived, I had told them I crashed into the curb on accident (I didn't think I was over the limit, but I was) and they then proceeded to give me the standard tests and after I refused to blow into the portable breathalizer they had on them, they arrested me and took me to the local jail. I was released later on that night to a sober adult.
My question is am I pretty much stuck on this one or is there any chance I could get it dismissed? While I was in fact driving, none of the officers ever saw me driving or even inside the car, other than me admitting guilt in a drunken state, there is nothing else that proves that I was driving. I was told that an officer can not use the admission of someone under the influence as the sole reason for determining that someone had committed a DUI?