My son was in a store getting a pack of cigarettes when he was approached by a state patrolman who came from the back of the store from the restroom. The patrolman asked if he was handicapped eventhough his truck was not parked in a handicapped spot. My son heard but didnt think he was speaking to him so the officer asked him again and my son responded with no. At that time the officer asked my son to step outside with him. At that time he asked my son how much he had to drink then made my son do a subriate test and breath test. My son passed the subriate test but not the breath test. At that time my son was placed under arrest for DWI even no one saw my son driving. Can they arrest you if there are no witnesses not even the officer himself seen you driving?
2 Answers from Attorneys
To convict your son for DWI, the State is going to have to prove that he was operating a motor vehicle while intoxicated. They will need a witness to be able to prove the operating unless your son made a statement admitting to the operation of a motor vehicle.
Get your son a lawyer today. If the evidence supports the facts you have presented, the DWI needs to be dismissed.
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