2nd Degree DWI and I wasn't stopped or seen driving
I was wondering what your thoughts were on me getting a DWI when they have no proof that I was driving, no witnesses or testimony, I was at home , the cop came to talk to me for a different reason and asked me how I got home because he smelled alcohol on my breath. He then PBT'd me and arrested me for DWI. Is this something that can be done?
2 Answers from Attorneys
Re: 2nd Degree DWI and I wasn't stopped or seen driving
DWI is one type of crime that an officer does not need to actually witness to place you under arrest. However, there are strict rules about the type of information that an officer acts upon and how he follows up on it. This is the perfect kind of case to take to trial if the prosecutor is unwilling to be reasonable. Plus, you will want to fight the revocation of your driver's license under a separate procedure. Talk to some attorneys to get a feel for what you want to do, then get started on your defense as soon as possible.
Re: 2nd Degree DWI and I wasn't stopped or seen driving
Your story raises all sorts of questions about whether the arrest was proper and whether the police officer had probable cause. Also questions about how the officer got into your house without a warrant.
You should get to a lawyer right away. You might also want to look at my site at mn-dwi.com.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
