What should a driver do if accused of DUI?

I can tell you a nightmare we endured...by the hands of Texas Department of Public Safety...it took 10,000. dollars to fix the wrong..

We fixed it....

 

No savings left....lol... and the courts agreed... DISMISSED

So, can I get my money back? hehe

 

Yes you can get the money back, depending on the circumstance. You sue the arresting officer.

I was arrested for "asking a woman and her female partner (both cops) to engage in a sexual act known as an around the world for $50." I never had laid eyes on the woman (cop) who made this charge and was able to prove it. It cost me $3000 and I recovered an amount that I am not a liberty to discuss. But I don't have house payments.

Sue in Federal Court and you do not need a lawyer. The Civil Rights people will help. You just have to be loud. Al Sharpton loud.

 

The only thing worse than being guilty as charged if you are guilty, is to be guilty as charged if you are innocent. It is a HORRIBLE situation to be charged with any type of crime, misdemeanor, or felony if you did NOT commit it.

God bless every American and their families! God bless the U.S.A.!

 

If you refuse a field sobriety test but offer a breath test, you will likely be released with without any further problem if you blow legal. If you exhibit signs of having other substances the officer can perform other tests, if he is DRE certified or get an officer who is certified to administer them. Usually a blood test requires a warrant and they need to be able to back up their claim with probable cause. If you are sober you won't be getting a blood test unless you really pissed someone off.

A good officer should know within 30 seconds after contacting you if your intoxicated and won't push the issue unless they are fishing for a reason to search your vehicle.

It really comes down to the fact that you should never drive even after one drink because the consequences are brutal if you have an accident or show signs of intoxication. If you are sober and you get pulled over, be polite but if you feel that things aren't going your way, be calm and shut up. Lots of people have talked themselves into handcuffs when they would have just be sent on their way had they kept quiet.

 

You heard wrong.

You will only be arrested for DUI if the cop has reasonable "Probable Cause" to believe that you're guilty. You passed the field sobriety test, so unless he saw you taking a drink or other dope, he has no PC.

Being taken for a blood test is NOT an arrest. If the test comes back with a level below the legal limit, you WON'T be arrested.

He wasn't bluffing, he was trying to make sure he didn't let you go if you were lying.

What you should have done was politely ask "Would you like me to take a blood test?" after doing the balancing act. At that point, he has to decide whether to continue it or accept your word, and unless the FST gave him something to pursue, that's usually the end of it.

 

That proves that I'm right.

The DUI charge has a specific set of requirements -- you have to be behind the wheel (capablility) and you have to have a certain amount of dope in your system.

If you turn out not to have the required amount of impairment, the charge will be some flavor of reckless driving, not DUI.

If you brother hadn't failed the FST, the cop wouldn't have had PC to take him for the blood test. Considering the cost of the blood test, a cop who might want to drag in everyone he stops wouldn't last long in the job. Unless he's pretty sure you're going to ring the bell, he's not going to drag you in -- after all, in a few minutes someone who IS doped up will come along, so why waste time on someone who won't be charged?