Arrest
Someone is in a car accident, hits a tree, no other cars involved. There is not any means of communication, cell phones have no signal. Passerby comes and takes accident victom home, about 7 miles away. Victom calls police to report accident. Victim showers, brushes teeth, uses mouth wash, and cleans glass wounds on arms and legs from accident. Victom drank two beers at dinner prior to accident, drank another two to three beers after accident at home while waiting for police. Police officer comes to victim's home to obtain police report and questions victim about drinking. Then proceeds to make victim do testing and arrests victim for DWI. Officer stated if victom did not cooperate he would use force and take driving privledges away for a year. Is it legal to arrest and charge somenoe with DWI at there home after an accident?
1 Answer from Attorneys
Re: Arrest
There is no way that the prosecutor is going to get a conviction in this case. Chain of custody is not established. The defendant will need counsel to fight the case though as the police officer may begin to fabricate facts.
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