Legal Question in DUI Law in California

suspected driving under influence

They say my husband was involved in a hit and run accident a left the scene w/o leaving info. Other driver followed him home and called police. since he did not answer at the door they checked his car w/o permission because they say the car door was unlocked. They say they searched car and smelled marijuana but did not find any. My husband did not have alcohol on his breathe. He refused the test because he felt he was being violated. He did not do a hit and run, he was at home asleep. because he would not take test they arrested him. Is this legal?


Asked on 11/26/08, 1:47 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: suspected driving under influence

"Legal?" You'll get the answer to that from the judge in his criminal case, in a ruling on admissibility of the evidence after the appropriate motions are filed and heard. If he doesn't know to do all the things required to defend this case, hire an attorney. If you get serious about doing so, feel free to contact me if the case is in SoCAL courts.

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Answered on 11/26/08, 3:38 pm


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