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Commonly Asked DUI/DWI Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

If the officer didn't see me drive can he arrest me for DUI?

Thomas J Tomko
Answered by attorney Thomas J Tomko (Unclaimed Profile)
DUI/DWI lawyer at Thomas J. Tomko, Attorney at Law
Your analysis is correct, and it will be a matter of presentation. You may consider hiring an attorney to assist you with this defense. You should not reveal this strategy to the Prosecutor, as they will simply be better prepared to address this in front of the jury.
Your analysis is correct, and it will be a matter of presentation. You may consider hiring an attorney to assist you with this defense. You should not reveal this strategy to the Prosecutor, as they will simply be better prepared to address this in front of the jury.
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Can my son get his DUI dismissed since he didn't take the breath test?

default-avatar
Answered by attorney Lawrence Thomas Lewis (Unclaimed Profile)
DUI/DWI lawyer at Lawrence Lewis, P.C.
There is more to the story, which you have not included. So, it is difficult to advise you. The officer does not need fields or a breath sample to arrest for DUI. I suspect that the second officer was a SGT or supervisor, whose judgement trumps the patrolman's judgement. Since your son has so much at risk, he needs to retain an attorney, and review all of the evidence in challenging the DUI case.
There is more to the story, which you have not included. So, it is difficult to advise you. The officer does not need fields or a breath sample to arrest for DUI. I suspect that the second officer was a SGT or supervisor, whose judgement trumps the patrolman's judgement. Since your son has so much at risk, he needs to retain an attorney, and review all of the evidence in challenging the DUI case.
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How much trouble am I in exactly for being arrested for DUI?

Hudson Thomas Bair
Answered by attorney Hudson Thomas Bair (Unclaimed Profile)
DUI/DWI lawyer at Kapsack & Bair, LLP
Assuming that this is a first offense and truly no one was hurt (which seems unlikely since the accident would likely be a "head-on" collision) you are looking at a maximum sentence of 6 months in jail, if there were injuries you are looking at possible felony prosecution and significantly increased punishment. In addition to jail you are also facing a DUI program of up to 9 months, significant fines and fees and a license suspension for up to one year. You should contact a competent DUI lawyer within 10days of your arrest as you have important rights that vanish after that time.
Assuming that this is a first offense and truly no one was hurt (which seems unlikely since the accident would likely be a "head-on" collision) you are looking at a maximum sentence of 6 months in jail, if there were injuries you are looking at possible felony prosecution and significantly increased punishment. In addition to jail you are also facing a DUI program of up to 9 months, significant fines and fees and a license suspension for up to one year. You should contact a competent DUI lawyer within 10days of your arrest as you have important rights that vanish after that time.
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