Can I avoid this DUI?

[workschoollife]

What is the name of your state? California.
It's 4 a.m. Two CHP officers wake me up at my residence and haul me off to county jail. They're charging me with DUI. My car was wrecked into a mailbox on the other side of town. No officer saw anything, and a breathalizer was given at the county jail. I work 40 hrs a week, go to school full time, and have a recording studio. I'm super busy and have to be mobile. I'm trying to pay off my car loan, and this will mess everything up. (Not to mention cost a lot) I realize that I should probably get a lawyer. Their job is to get me off the meat hooks, can they?

 

[LawGirl10]

Could be a questionable arrest, but you need to give more information. Explain what happened from the time just before the crash until the time you were in the jail cell. Also note what time things happened.

 

[CdwJava]

If our itinerant musician answered his door, and the officers had sufficient cause, they could have made an arrest. However, as a misdemeanor not committed in their presence, they would have to justify the arrest in some way as they cannot generally make an arrest for this in CA.

But, a lot depends on the time frame, the exact charges, and why the officers say they made the arrest.

- Carl

 

[Scrutinizer]

and a breathalizer was given at the county jail...

What were the results?

 

[workschoollife]

and the results are...

my 14 year old brother answered the door, no parents home. they barge into my room and throw my belongings around in an attempt to wake me up. at the station I blew a .08. first, were they allowed to come in? second, i was drunk at the moment of arrest, and dont know what i told the CHP's. can they use my testimony against me? third, how can they assume i was drunk driving?

 

[Some Random Guy]

What did you say when the police asked you how you got home from the accient?

 

[CdwJava]

my 14 year old brother answered the door, no parents home. they barge into my room and throw my belongings around in an attempt to wake me up. at the station I blew a .08. first, were they allowed to come in? second, i was drunk at the moment of arrest, and dont know what i told the CHP's. can they use my testimony against me? third, how can they assume i was drunk driving?

You need an attorney.

It takes some very specific exceptions to arrest for a misdemeanor, and without knowing the officer's version of events, it is difficult to say what the exceptions might be in this case ... IF there is an exception. There is CA case law that says that simply preserving the evidence is not sufficient to justify making entry. However! The fact that they were allowed in to the residence may well give them the leeway they need to justify the arrest.

Consult an attorney.

- Carl

 

[workschoollife]

unlawful entry?

What did you say when the police asked you how you got home from the accient?

I dont remeber hearing my rights read to me, hmm. i think they harassed me while i was drunk, got me to say something incriminating then possibly read me my rights and arrested me, weak. I cant remember what i told the cops. Can they use my statements against me? So if they werent supposed to be in the house in the first place, could the case be dropped?

 

[CdwJava]

I dont remeber hearing my rights read to me, hmm.

Not relevant. Miranda is only required when you are in custody AND they interrogate you. Any questions asked of you after custody can be suppressed if you had not been properly Mirandized. But Miranda does not apply to medical questions, booking questions, and chemical tests.

i think they harassed me while i was drunk, got me to say something incriminating then possibly read me my rights and arrested me, weak.

If they talked to you beforte you were arrested, it's very likely the statements will be admissable.

So if they werent supposed to be in the house in the first place, could the case be dropped?

Probably. But that will be up to a court.

Consult an attorney.

- Carl