DUI without being in the car?

[Hadez092]

What is the name of your state? WI

I was charged last night with DUI. I was coming out of a store, and there was a police officer by my car. I dont know if the cashier called the cops, or what. But they surely weren't there when I got to the store.

If convicted, this would be my 2nd offense. I refused the breathealizer, and was cooperative with the officers. There is no forced breath test or BAL taken.

Maybe they have a cashier, who says she smelled my breath, or something like that. Im sure the police officer will say that. I was given the field sobriety tests, and he says I failed them. But other than that....(for face value) is this a relatively weak case?

 

[Hadez092]

Btw...

By the way, I was afraid of getting the Driving After Revocation (from the first OWI), and didn't think I was intoxicated, that is why I refused the breath test. But I was not charged with the Driving After Revocation...

 

[Some Random Guy]

Get a lawyer. You're going to need it.

I doubt that the judge will believe your story about the twinkie fairies who drove you to the convenience store while you sat in the back seat. You don't have to be in the car to be charged for DUI related offenses. Also, your refusal to take the breathalyzer will speak volumes about your credibility vs the police officer.

Don't be too shocked if you find that the cruiser or the store has video cameras which recorded the whole thing.

 

[Hadez092]

Yeah, I am not going to say that someone drove me there to the store. I am sure that would be an inuslt to the judge's intellegence. But the cruiser wasnt there when I arrived at the store...I'm sure of that. And I know we werent in front of the cruiser when I did the field sobriety tests...We were off to the side. Along with, along the outside wall of the store, out of the range of the interior video cameras.

The point about the credibility of the officer's word, against my not taking the breath test is understandable. But without the state having hard proof of my being over the limit...they [may] only have a witness that says I smelled of alcohol in the store.

I will be getting a lawyer. I can't afford to sit in jail for this.

 

[BigMistakeFl]

BigMistakeFl

Check the law in your state. Refusal only really "works" on a first offense. Second arrest, refusal has some automatic big penalties in some states.

Despite how or why the cruiser showed up, the cops will have a case with some sort of evidence of probable cause.

 

[Hadez092]

I did some checking. This state law sites say that refusal can have its benefits and its drawbacks...especially on 2nd or 3rd offense. I am only seeing that the cashier is the only circumstantial evidence against me. I certainly never admitted to anything that would encriminate myself.

Am I correct that it is the state's burden to prove I was intoxicated and operating a vehicle? Without the officer witnessing me driving, or with only a failed "roadside test" and a cashier statement...there isnt any solid evidence that I was over the legal limit, if I were operating the vehicle, when pulling into the station. Saying someone is drunk, doesnt present the case of being over the legal limit.

 

[BigMistakeFl]

BigMistakeFl

Sounds true, that the state would now have to prove that you were impaired, and that the cop had probable cause. They have some sort of evidence of which you are not aware, being compiled in the case to prosecute you. However, your refusal can also imply guilt, especially since this is not your first DUI.