Arrested for DWI in non-moving vehicle??
I was out the other nite having a few drinks with my buddies. I got in the car and started to drive home. At first I seemed OK, but then I realized I was drunk and can not drive. So I pulled out of the first exit I saw and pulled into a McDonald’s parking lot. I ‘d figured I’d rest and sober up. I fell asleep in the car and was awoken by an officer tapping on the window. He asked me what I was doing. I told him I was resting because I was drunk and couldn’t drive home. I told him I came from a bar that was about 1/2 mile away. He’d asked me to take a sobriety test. I said I’m drunk and too tired. Its about 3 am. He then cuffed and took me to the station. I took a BAC test at the station and blew 0.18. Now this is my first offense ever. I’ve never been arrested, I had only 1 speeding ticket in the last 5 years. I made a terrible mistake that night thinking I was able to drive home. Should I hire a lawyer? The officer didn’t see me drive at all. How does it look for me?
I live in the state of MA. The arrest took place in NH. There is no citation # on the order and condition of bail. How much would a lawyer be for this type of case?
Tagged with: buddies • citation • drinks • first exit • first offense • lawyer • mcdonald • parking lot • sobriety test • speeding ticket • terrible mistake
Filed under: New York Herniated Disc Lawyer
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You don’t have a leg to stand on. You did not get drunk in the McDonalds parking lot; you got drunk somewhere else and in order to get to the McDonald’s parking lot you had to drive your car there. See where I am going with this? And you admitted to the officer you drove there: you told him you came from a bar 1/2 mile away. What you should have done was, when you were back at the bar and wanting to leave, you should have done one of two things: either get a friend to drive you home who had not had anything to drink OR call for a cab to come get you and bring you home.
Believe me, your goose is cooked. Tell me the state you are in and what the exact numbers are on the citation and I can tell you what to expect in court. (Please also mention the state.)
See this pisses me off. Drinking and driving is wrong period, but at least you realized that you could have injured yourself or someone else so you took the precautions to try and be safe yet your paying the price. Yes I would hire a lawyer. It does look bad that you did drive 1/2 mile but at least you realized after only 1/2 mile that you couldn’t drive. Good luck!
yes they can…my dad was arrested for the same thing the same way. The police officer doesnt have to see you, a witness can see you or if the car isnt moving its the same thing. It wouldnt hurt to get a lawyer though, it might save ya a LOT of money this is going to cost you.
hire a lawyer. won’t do you much good other then getting a smaller fine and such. you screwed yourself by admitting you were drunk and had driven in that condition. A. NEVER admit to anything. B. no matter what, you really have no excuse for what you did. bad enuff you put your own life at risk, but you also put the loves of innocent people at risk. i hope you learned something from this and don’t repeat your mistake
I am aware of two similar cases. Yes, you must get a lawyer, since only a professional can present your case effectively to the court. Not that you will be found innocent. You’ve already confessed to driving under the influence, though I know that you did so with the best intentions. What you are hoping for now is leniency from the court. Even then you are looking at a probable probation and maybe a small fine.
ADDITIONAL POST - Dude all I can say is OHhh bad place for you to slip up… NH has some of the toughest laws - which i personally think are a good thing - but bad for you. see the attached link to see just how serious they are - and that you blew a 0.18 — not so good GET A LAWYER - a NH Lawyer
ORIGINAL POST —Get a lawyer - and yes - you can be charged as you admitted that you did drive under the influence. You have a decent chance of getting a reduced charge considering your lack of record and also the fact that you did attempt to remove yourself from the road once you realized that you were intoxicated. All these factors do work in your favor BUT - you did drive your vehicle in an intoxicated state - and no matter if it was 1 tenth of a mile or 20 - you still are "guilty" of that because of the fact that you did it.
there is case law that holds up in court about this. if you were behind the wheel even though the car was off, and you were intoxicated, the car got to where it was parked at by someone having to drive it which would be the drunk behind the wheel. and to further prevent the drunk from driving home after the cops leave. you should have went to a hotel.
Doesn’t look very good for you whether you hire a lawyer or not. The officer arrested you on the basis of probable cause mainly because you admitted you’d operated the car while impaired. I applaud you for attempting to do the right thing, but I’m afraid it was too little, too late. I’ve arrested many drivers for the same thing and they DO stand in court.