DUI question? i need helpful advice pleasee

Question

the other night i was with this guy (jake) and i picked him up from his house and he had already had around 10 beers and i hadnt had any. he brought a bag of beers in the car and there was probably 10 beers in it. we went to get food and i had a few sips of beer but that was all. a cop was following us and jake was drunk and yelling at me to turn left to lose him so i did and he kept following us until he pulled us over. jake got charged with internal possesion and the cop saw the beers and i was arrested becuase i told him a had a few sips.i honestly wasnt drunk and told him he could do a breathalizer but he didnt. the cop then searched my car and found all the beers and an almost empty handle from jake from before. they also found bags of weed with only a tiny but left, just crumbs and they found a pipe. i was charged with a DUI possesion of drugs and possesion of drug paraphenialia. i want to try to get rid of the DUI and i have no previous charges, not even a speeding ticket. i just need advice on what to do. i am planning to talk to the cops and tell them exactly what happened and how the alcohol wasnt mine. any advice from people who have been through this or know people who have?

Answer 1

Hi...sorry to hear that and I know it sucks!  I have had two D.W.I.'s!!! From what you said the cop can't just give you a d.u.i. without and field sobriety tests or breathalizer. He should have administered a field sobriety test to see if you were drunk or not. Of course every state is different I don't know how the open can law works where you live. He just assumed you were lying cuz he seen all the beers so that is prob. why he gave you the D.U.I., but I don't think they can just ticket you for one without testing. My advice would be to talk to a lawyer asap and see what he says...If you talk to the cops by yourself you will fail and won't get it taken off your record. DUI (driving under the influence) can also mean being high on drugs so that may be why he gave you the D.U.I.(he seen the weed and assumed), but from past experience you will have to get a lawyer and it would be in your best interest to. Like I mentioned if you don't the problem won't go away easy. Hope I gave you some info you needed...Good Luck!!!

Answer 2

What was the probable cause for the stop?  Did you run a sign or light? Did you drive erratically? Since the officer saw empty containers and probably smelled the alcohol, the search of the vehicle sounds reasonable.  Did you blow? If you did there is physical proof that you had been consuming alcohol.  This is one bad situation since I am betting your license was suspended and your car was impounded and towed.  Since you were in direct control of the vehicle you should have known there was contraband in the car and of course the beers.  You can dare fight this one or just plea to a lesser charge.

Answer 3

DUI can be from alcohol or drugs. Your admission, along with the fact paraphernalia was found, gave him evidence for an arrest.

You didn't mention a breath or blood test, that would be required for DUI, unless your state has a "not a drop" law for underage persons. Even then, not getting a test seems unusual. I suspect you are not telling the whole story.

As far as telling them the alcohol was not yours, don't bother. There is a legal term called "constructive possession". If there is something in an area under your control, and you know it is there, you are legally possessing it.

Answer 4

If you get a lawyer they will talk to the prosicutor and get the alchoal thrown out and probably even the possesion thrown out too. I bet 100 bucks that you will pleed guilty to paraphenialia charge and get comunity service. But get a LAWYER!!!!!!

Answer 5

You are boned.  You won't get away easy.  I guess it is time to think about finding better folks to hang out with.  You have to get a lawyer no matter what.

Answer 6

You will need a lawyer.  You don't give your age ... but can I assume you are under 21?  If that's the case ... all the officer needs is your statement that you "had a few sips" of beer to prove the offense.  The breathalyzer would do nothing for his case that your statement didn't already do, so he didn't need it.

Your lawyer might be able to get you a plea bargain ... cop to the possession of drugs and paraphenila and the DUI charge goes away ... but I would not count on it.

Answer 7

Get a lawyer because the charges were filed on you the night of the arrest. The police will not be able to help you out at this point in time. Get a lawyer and they should be able to get the DUI tossed if you weren't drunk. They maybe able to get every thing else thrown out because they found it after the fact of the arrest for DUI. It wasn't a good stop at all.