Legal Question in DUI Law in Virginia

Can they convict me of a DUI if I wasn't caught nor driving, and they arrested me inside my house, and entered it without a warrant? My car tuned off cause I shifted gears wrong at the entrance of my neighborhood, then a guy came behind me got out of the car and knocked on my window, I said what turned on my car and went home. I put my car in the garage closed it and 10 minutes later the police showed up I opened the door they came in stating that someone called them saying I was driving drunk, and demanded I do a brethalizer test. I said why are you in my house you can't come in here without a warrant and they didn't care. Long story short once I refused the test the cuffed me right in my living room and charged me with a DUI and refusal. Can they convict me of this? It's ridiculous! It's in Richmond VA.

Asked on 12/27/12, 12:18 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law

To have any chance of winning your case, you need a criminal defense attorney ASAP, preferably, who has appropriate experience in representing defendants in the local court in which you've been charged.

Without a lawyer to represent you in this situation, yes, you could end up being convicted (in my opinion).

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Answered on 12/30/12, 9:21 am


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