My sister-in-law had a sample of a frozen wine beverage containing less than 4% alcohol. 3 hours later was given a DUI after passing a sobrity test. B-friend who she picked-up had consumed a large amount of alcohol and had been in a fight. She went to pick him up on New Years Eve. He got a MIC and she was charged with MIP and DUI. Officer stated that she passed test and sent her back to her car. He never offered a breathalizer or other means of testing consumption. What are the requirements of evidence by the police officer to prove DUI portion of charges.
1 Answer from Attorneys
Sometimes a DUI has been referred to as 'driving while smelling bad'. Although the level of a DUI is less than a DWI, it is still a criminal charge that needs to be addressed. Reading between the lines of your question, it may be that the biggest hurdle in fighting these charges could be her age. On the other hand, if the initial stop was illegal, the remaining charges cannot be sustained. She should hire a criminal defense lawyer asap.
Related Questions & Answers
-
If license was suspended for d.u.i for 6 months then was to be giving back... Asked 11/25/09, 5:37 pm in United States Texas Drunk Driving & DUI Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
