DUI arest almost two hours later

[ckasinecz]

On Christmas night at 10:02p.m. My car slid off the road due to a slick area of the road (I live near Chicago..this winter has been bad) I go out of my car and went to the house in which I was parked in front of. They came out and we determined that the best action would be to get a tow truck to yank me out in the morning. So I walked home, along the way someone offered me a ride..bottom line I got home about 10:45p.m. Went inside to warm-up..put on my jammies and heated up the rest of my Christmas Egg-nog spiked with brandy. I drank it and fell asleep wrapped around my favorite quilt at 11:48 the police arrived at my house. I answered the door (which now I know was my first mistake) and they proceeded to arrest me with a DUI. at the police station my alcohol level was .103. Why is it that they can arrest me basically for getting drunk (beyond the legal limit) in my home and say that I was drunk at the time of the car being stuck in the snow. Any thoughts would be appreciated????

 

[ALawyer]

They had probable cause as it was your car and you were apparantly DUI.

But the law says BAC OVER THE STATE LIMIT (.10 or .08) WHILE DRIVING. That may be hard for the STATE to prove, and you'd testify you got drunk at home as you were upset. You have a defense at trial. Make sure you have a good lawyer who knows DUI and you'd likely be home free. Check out AttorneyPages.com under DUI