Legal Question in Criminal Law in Virginia

DIP and Unlawful Detainment in Jail

I was arrested Jan 12 2005 for DIP in VA. I havent had a drink in over a year and have never been picked up for drinking. I had just finished 22 hours at a Gas Station and had to walk 6-7 miles to the apartment I was exausted! The officer said he saw me stumble (I triped over a peice of cement on the side of the road, no sidewalk in this area). He asked if I was ok I said yes sir i'm fine and he said I was drunk and my I were blood shot. He put me in the back of the Squad car and off to the magistrate we went. I was kept 13 hours even after a breathalizer test that came up negative. I am now facing another charge of failure to comply to being of good conduct from a previous charge back May 05 2004 of Embezzelment. I am really thinking of filing a lawsuit on the county and a certian magistrate because even after being told the results of th breath test she told them to keep me saying I was on drugs and the only ''drugs'' I was on is Doctor prescribed Blood Pressure pills COZAAR which as of 6/21/05 was switched to CALAN. On numerous occassions I requested drug test to be done and they refused everytime. Can they refuse to do the test to help prove my innoccence and do you think I have a chance at the lawsuit. Thanks for reading this.


Asked on 8/11/05, 11:12 pm

1 Answer from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: DIP and Unlawful Detainment in Jail

The evidence of being drunk in public is not limited to your blood alcohol content. In many DUI caes there is no test results and the officer's sense impressions alone can be all the evidence needed to convict. There is no law as to what level of intoxication is necessary to be "drunk" in public. Indeed you don't even have to be under the influence of alcohol. As the officer knows you can be under the infleuence of alcohol OR narcotics. Lastly the officer is under to obligation to help you collect evidence to exonerate yourself. The government did not have to give you a blood test for narcotics or any other substance. The statute speks to conduct in public under the influence of whatever in a manner so as to affect your mobility. Your proposed lawsuit is ill advised. I know this doesn't sound fair, but welcome to Virginia's police powers!

Good luck.

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Answered on 8/12/05, 7:06 am


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