Is this considered a legal DUI arrest?

Question

Late on a Friday evening I was at a 7/11 kwiki mart in MA. I bought 2 sandwiches, and a drink and was paying for the the purchase at the register when 3 police cruisers pulled up.

The officers entered the store and inquired if the the silver ford taurus outside was mine. I answered that it was. They ordered that I step outside the store immiediatly and take a field sobriety test. When I inquired why I was being taken outside, they answered that there was an eye witness account of my car driving the wrong way in a nearby highway.

I explained to them that it was not me and that I had not driven on that highway at all that day. My keys were in my pocket, my car was off, and legally parked. Regardless, they took me outside and demanded that I take the nine step turn field sobriety test. After that one test, and not requesting any others, they asked me to take a portable breathalizer, which I refused.

They arrested me on the charges of OUI and Driving to endanger. When I was brought to the booking station, I once again refused to take the brethalizer, which means an automatic 180 day suspension of my license. I spent the night in jail, and got my car out of tow the next day.

Is this legal? I was not observed driving by the officers, was not in or near my vehicle, was in a private establishment and was only given one field sobriety test.

I did hire a lawyer. Based on your experiences... what will be the result of my situation? Was this a legal arrest, did the police officer have probable cause?

Answer 1

Yes.  You were only given one test because you declined to take two other ones.

Answer 2

Yes it is legal.  If you weren't drinking, you should have taken the breathalizer and saved yourself a lot of grief.  I suspect you are guilty and you know it.

Answer 3

there is no legal sie of being arrested. As being arrested means you have bvroken the law.

Answer 4

Did the eye witness provide a license number?  Mere description leaves a big hole in their charge.  You'll have your day in court.  They can file charges but they have to prove them.  

Answer 5

they arrested u beacuse u refused to take the brethalizer test yes that is legal u singed off to get ur licenst that an officer can search ur car or issue u a sobriety test

u are in the wrong the officers comducted the situation perfectly legaly

Answer 6

An officer does not have to see you drive. It certainly helps build a stronger case, but it is not required. Traffic accidents are a common example of the officer not seeing you drive, but they can still take enforcement action. There is a presumption you drove the car, because you had the keys, and someone had to move it there. The witness statement strengthens this presumption.

As long as the officers had probable cause you were driving, they can investigate you for DUI. Even if it was not you, as long as their actions were reasonable, it is legal.

As far as giving only one sobriety test, as soon as you refused the portable breath test, they had probable cause for arrest. Refusal to do field sobriety tests is evidence of intoxication.

Answer 7

It depends on your specific state laws, but most states allow a DUI/DWI/OUI arrest based on probable cause alone; they don't actually have to see you driving the car.  An eye-witness report is probably enough to support the level of suspicion needed to make contact with you and start the investigation.  The reason they allow this is to allow the police to make a DUI arrest after a crash.  Obviously, if the car is crashed out, there is no way to actually see the driver operating the vehicle, but they were DUI and caused a crash.  This also applies if the driver crashes the car and leaves the scene on foot.

Now, the refusal is a separate issue.  When you get your DL, you automatically give implied consent to any lawful breath/blood/urine test and a refusal is an administrative violation that will cause your license to be suspended.  Most states have an appeal hearing to allow the DL office to determine if the arrest and subsequent request for breath test was proper for DL suspension purposes.  Be clear, this is totally different than the criminal trial and legal requirements.  The DL hearing officer is working off of the standard of probable cause alone, not proof beyond a reasonable doubt as is required in a trial.  The hearing will only determine if the police officer had enough probable cause to justify the arrest and request for breath test.

As far as the criminal charges go, it will depend on the specific details of the incident and how well the officer conducted the investigation.  It will also depend on how good your lawyer is.  I have gotten convictions on DUI/Hit & Run where I didn't ever see the driver in the vehicle, and didn't make contact for almost an hour after the crash.  I did it because I did a solid and honest investigation that was not open to attack.  All you can do there is allow the process to work its way through the system.

With regards to the field sobriety evaluations and portable breath test.  In all states I am familiar with, these field tests are only for the purpose of building probable cause and are you are not lawfully required to take them.  The roadside breath test is included in this.  You have the right to refuse them without criminal penalties.  The evidentiary test after arrest is a different story.  You are required by administrative regulation to take it or risk losing your license.  You can't be criminally penalized for an administrative violation (although some states, such as Florida have a criminal charge for multiple refusals, which has been unchallenged as of yet). This is supported by case law and Constitutional law.  What happens during the roadside sobriety tests can usually be used in court, although some states have varying levels of tolerance for the roadside breath test results.

Answer 8

Honestly, all of these so called "experts" aren't going to do anything but provide you with their self proclaimed "expert" opinion.  You hired an attorney so allow him to weed through the paperwork and see what exists.  

Answer 9

Absolutely.  You must have really bombed that first test for them to just forgo the rest and go straight to the Breathalyzer.

And your refusal to take the Breathalyzer is proof enough that you were drinking and were afraid you would blow over the limit.

So to sum it up:  You've got a witness saying you were driving the wrong way... and a guy who failed one portion of the field sobriety test and refusing to take a breathalyzer.

Looks pretty open and shut to me. Buy yourself a bicycle.

Answer 10

Just because a witness called in the situation, does not mean the police have to arrest you.  they have to have some other proof than just an eye witness.  If it was dark at night, you have a good argument and can say that they misidentified your car.  You should have a slam dunk argument if it was at night.  Also, if the eyewitness was driving the other way, you can say that they did not get a decent look at the vehicle, supposedly driving the wrong way on the road.