Can a cop really give you a DUI for sleeping in your car while intoxicated?
Yes, but that does not mean police can approach anyone who is sleeping in a car, wake them up and then arrest them. Those who are lawfully parked, engine off, and are not exhibiting any signs that they are in medical distress will have many defenses to the DUI charge even if arrested.That is because of the Fourth Amendment. Police must have a lawful basis to believe a person is committing a crime (or perhaps in medical distress under the community caretaker doctrine) in order to detain them and initiate a criminal DUI investigation. For example, if the officer knocks on the window and directs the person to roll their window down, then that may be considered a seizure and therefore any subsequent evidence obtained could be suppressed or considered inadmissible.However, those unlawfully parked, or who fall asleep in a drive thru line are most susceptible to a DUI arrest even if they are not actually driving the car. If you are going to truly try and sleep it off, it’s best to toss the keys in the trunk, turn the engine off and hop in the back seat and lay down. Otherwise, get a room. For more info on DUI’s, go to the DUI FAQ .
Charged with DUI when I wasn't even driving!?
About a month ago my boyfriend, his friend and I went down to Santa Barbara County for a fishing trip at a local campground. Come nightfall my boyfriend and I hopped into the cab of his truck (with him behind the wheel) and his friend jumped in the back. As we were driving through the campground to our camping spot a Park Ranger pulled in back of us. We climbed the hill, came around the hill and my boyfriend pulled over, turned the truck off and without saying anything threw me into the driver seat. (He has a suspended license so he was worried about the ticket.) As this took place the truck (which is a stick) started to roll back. I set the e-brake and that was it. There were no keys in the ignition at this point. While we were swapping seats the ranger had turned his lights on and pulled behind us. We were both given field sobriety tests which I supposedly failed and he passed. The ranger admitted that he saw my b/f driving but I still got arrested and charged with DUI! So my questions are: 1. Can I fight this? If so, what kind of information would be helpful to have for my court date? 2. The ranger said that I told him we swapped while the truck was still in motion, which I didn't. I find it hard to believe that it's possible to switch seats going up a hill and around a bend in a manual transmission vehicle. Will the judge automatically believe him over me? Any additional information or advice you have would be appreciated. I have court 10/30.
How to give my boyfriend a reality check? Please help?
We've been dating for 5 months. We're 19. In the beginning of the relationship everything was amazing. He put in so much effort because he was trying so hard to win me. Now we are comfortable, but I don't think that new relationship spark ever has to die. I've tried telling him how I feel, and he understands and I know he's trying but I feel as if he still is taking me for granted. How can I give him a little reality check/ wake up call that my relationship needs? Thank you. Xoxo
My boyfriend was arrested for his second DUI within 5 years while on probation. He ended up just completing?
the 1 year jail time to close the case. However the sentence for the second DUI was 6 months and 5 year probation (again). He always showed up to all his appointments. They always pressured him to find a job which took a couple months because he was a convicted felon plus the recession didn't help. Plus he had child support accumulating and we just had a newborn. He finally found a job however it consisted of leaving state lines. He took the job because we needed money. He failed to request for permission out of fear that he would be denied. He didn't show for his appointments for 5 months and in May he was suppose to show for court which he failed because he was working out of the state. A warrant was place so he is going to show to court tomorrow. The probation officer is saying he is facing three years. What is the possibility he will get three years? Can he get less? One more thing he still hasn't paid the fine which was do in March. We live in NYC.
How to get out of a DUI charge?
There is no way anyone on here can tell you how to get out of the charge. There is no way of knowing, without reviewing the file disclosure, if there are possible arguments against the charge. One of the few reasons it would be thrown out is if the officer did not have enough reasonable grounds to make the breath demand (considering the accident, all he would need would be the smell of alcohol on his breath. Given the readings, I would say that was present). Or if his rights were breached at any point. There is not enough information here to know if that was the case. You can do things like argue the instrument has not been properly taken care of (if it wasn't) or not working properly (if it wasn't) but then you have to know alot about the machines to prove that. You can't just say you think it wasn't working. His best bet is to hire a lawyer. Legal aid does not take Impaired Driving charges. A good one that might give you a chance is going to cost twice as much (at least) as the fine he would pay if found guilty and there is no guarantee he will get off. If he is found guilty, the judges give stiff penalties and fines as the BAC readings go up (his was twice the legal limit for the first). Plus the fact an accident was involved is also a strike against him. Were there people in the car? He could always make a plea agreement with the Crown to change his plea to guilty in return for the usual sentence (if he feels the circumstances may increase the sentence). Or he could take responsiblity for his actions and just plead guilty. He is. ETA- In Canada, the minimum penalty for Impaired Driving is set out by the Criminal Code. Meaning his is getting at least a $1000 fine (maybe a little more with court costs or higher if the judge wants) and at least a 1 year driving prohibition (again can be more if the judge wishes). In Alberta, they may offer the ignition interlock program, depending on where. That would take the place of the prohibition. There are no programs to take that will get him a lesser sentence. It might look good if he takes AA or other things, and he may not get a steeper fine, but the basic fine still has to be awarded.
If you were arrested for a DUI after someone spiked your drink, could the charges be dropped?
I think it would be pretty difficult to prove that someone spiked your drink. Also, you have an obligation, in general, not to drive when it is unsafe to do so. As a result, even if you could prove someone spiked your drink, while the DUI itself might not be upheld, you still might have some trouble for reckless driving or something along those lines.As Patrick Herbert states, you would be offering the defense that your drink was spiked. I doubt, without very strong evidence, that a prosecutor would simply drop the charges. What this means is that after the prosecutor presented their cases, you would try to convince the jury that you should be found not guilty because your drink was spiked.
My girlfriend is going to jail for 60 days for DUI hit and run. She is worried about this "strip search" procedure. What is it exactly and does she really have to get undressed?
Having NO experience working around female inmates/detainees, I can only speak from the experience I’ve obtained over the past 20 years in corrections.Yes your girlfriend will have to get undressed, but the rule for most jails/prisons is that Unclothed Body Searches be done in as private a setting as possible to allow the “searchee” to retain some level of dignity.She will stand in front of the officer, and directed to remove her shoes, socks, and other outer clothing. These will be searched by the officer, and from there she will be directed to remove her bra and panties.From here the process, with the exception of a couple of things is pretty cut and dried for both genders.Raise your hand/arms over your head, extend your arms out in front, fingers splayed palms down, turn hands palms up, lean forward run hands through hair, turn head side to side exposing the areas behind ears, stand up, look towards ceiling (this is to insure that there’s nothing lodged in nostrils), look at officer, open mouth lift tongue, run finger in circular manner to show that there’s nothing lodged between cheek/lips and gums, and lift breasts (California houses MTF transgender inmates in male facilities regardless of how feminine they appear on the outside, until they complete reassignment surgery, and their male genitals are removed).From here things get different simply because of anatomy. Male and Trans inmates are required to skin back their foreskin, and lift their scrotum, while females are required to spread their labia. After that it’s turn around, bend at the waist and spread your cheeks. After it’s been determined that everything appears clear, she will be directed to squat and cough multiple times. Here we make inmates do this three times.After that she will be issued clean clothes from the facility, and allowed to get dressed. The whole process is non-invasive, and isn’t meant to be demeaning. Just follow the direction of the officer, and things will be over before she knows it.
My boyfriend got a DUI, how should i handle it?
he is 24 and was driving drunk with a friend he got a DUI and is going to be fined and have his license taken away for 6mo. how should i react to this, should i be angry with him or should i seek him help?!
Is drunk driving really so bad?
No it's not. Let's face some facts. .08 is legally intoxicated, but the fact stands that there are people that have better motor skills and judgement at .20 than those that are sober. Moreover, there are those that have very little skill to begin with and just one intoxicating drink makes 'em loopy and unable to drive. With that said, this entire though process and line of reasoning, "You could have killed somebody," has to be smashed. Everyday there are motorists that kill others. They are also sober. Sober drivers kill many times the amount of people than drunks. These matadors are stone cold sober and driving without regard for other's safety. Be they speeding, cell phone users, aggressive drivers, or just plain old inattentive drivers. Why don't we lock up motorist that do all these things? You were speeding... Well, you could have killed somebody so you're going to jail. Now you're a criminal, forget about any future because you're not going to be able to get a job. You're just a loser! It's time to smash this drunk driving myth. They're not the most dangerous people out there. The only reason why it's ok to pick on drunks is because they're the minority. What's right isn't always popular and what's popular isn't always right. Just because the average motorist engages in all sorts of dangerous driving habits, but doesn't drive drunk, well it's ok due to popular opinion. MADD and NHTSA use biased figures. DUIs are nothing more than cash register justice. Moreover, crime/tough on crime is a popular way for politicians to get re-elected, so is it any wonder that we have all sorts of stupid laws? Myth, America is the freest county in the world. One out of every four people incarcerated in the world is an American in an American jail... Yes, we're the freest...