What is the name of your state (only U.S. law)?
Okay so, I recently received a DUI which will be the start of my criminal record. How it happened: One night, me and a couple of friends had been drinking. We had gotten in the car, as it was cold, to warm ourselves up. We did the smart thing, called for a ride to bring us home. The place I had parked the car a couple hours before was basically asking to be towed. Being intoxicated, I never thought it through, I moved the car to the nearest parking lot (50ft away). I had parked there for about five minutes still waiting for our ride. The car had been shut off the whole time, yes the keys where in my reach (not in ignition). A cop had pulled into the parking lot and stopped in front of us. I opened my passenger door, as the window lock was on and I did not want to proceed to put the keys in the ignition. She had been questioning us for about 30 seconds saying she had a report of loud music (us). We did have music on, for about 30 seconds when I had moved the vehicle earlier. When our ride showed up, literally 20-30 seconds after the cop had showed up the cop would not let us go. She detained me, and took me to the station. She ran two breathalyzer tests, which I had both failed. I understand the reasoning why I would be charged with DUI, but not sure why the peace officer wouldnt let us go with our ride which was right behind her... The officer even talked to our ride and he said he can take us. I'm not sure what danger we would have posed once the ride had taken us? The peace officer had stated that she smelled a strong scent of alcohol but it still astounds me that I wasnt able to be let go, with my safe ride home there. Right there! Plenty of time to leave, our ride showed up seconds after she did and we had explained to her that we had a ride on the way. Was this just the Officer being cruel in her own sense as to be this strict on the law? She had no evidence of keys being in the car until I had stated so back at the station. She did not search the vehicle, or any of my friends nor me. It'd be really nice to get some second hand knowledge/thoughts on this. Thanks!
Okay so, I recently received a DUI which will be the start of my criminal record. How it happened: One night, me and a couple of friends had been drinking. We had gotten in the car, as it was cold, to warm ourselves up. We did the smart thing, called for a ride to bring us home. The place I had parked the car a couple hours before was basically asking to be towed. Being intoxicated, I never thought it through, I moved the car to the nearest parking lot (50ft away). I had parked there for about five minutes still waiting for our ride. The car had been shut off the whole time, yes the keys where in my reach (not in ignition). A cop had pulled into the parking lot and stopped in front of us. I opened my passenger door, as the window lock was on and I did not want to proceed to put the keys in the ignition. She had been questioning us for about 30 seconds saying she had a report of loud music (us). We did have music on, for about 30 seconds when I had moved the vehicle earlier. When our ride showed up, literally 20-30 seconds after the cop had showed up the cop would not let us go. She detained me, and took me to the station. She ran two breathalyzer tests, which I had both failed. I understand the reasoning why I would be charged with DUI, but not sure why the peace officer wouldnt let us go with our ride which was right behind her... The officer even talked to our ride and he said he can take us. I'm not sure what danger we would have posed once the ride had taken us? The peace officer had stated that she smelled a strong scent of alcohol but it still astounds me that I wasnt able to be let go, with my safe ride home there. Right there! Plenty of time to leave, our ride showed up seconds after she did and we had explained to her that we had a ride on the way. Was this just the Officer being cruel in her own sense as to be this strict on the law? She had no evidence of keys being in the car until I had stated so back at the station. She did not search the vehicle, or any of my friends nor me. It'd be really nice to get some second hand knowledge/thoughts on this. Thanks!
