How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guru_Guy Your Own Question
Guru_Guy, Lawyer
Category: Criminal Law
Satisfied Customers: 2418
Experience:  Attorney trained in criminal law matters, and many years of advising on such matters..
Type Your Criminal Law Question Here...
Guru_Guy is online now
A new question is answered every 9 seconds

additional question to DUI ----details - did a rolling stop

This answer was rated:

additional question to DUI ----details - did a rolling stop - got to friends house - got out of car - locked car and put keys in pockets - --then approached by Mountain Bike police - who in turn called patrol car - is this still considered a DUI-state of virginia

If the police witnessed you driving the car, and then tested you for DUI before you would have had any chance to drink anything after leaving the car, then they have a case. The fact that they arrested you after the activity had been completed is not really relevant.

On the other hand, if there is some possibility that someone else was driving the car or they could not positively prove that you were behind the wheel, that could create the reasonable doubt you need.

Another issue, sometimes if there is a delay between your driving and the blood alcohol test, one can argue that the BAC increased after you drove because it took time for the alcohol to enter your system. That can work in some cases. But again, this is a defense that would need to be raised at trial by your attorney.

I hope this answers your question.


Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.
Guru_Guy and 4 other Criminal Law Specialists are ready to help you

Related Criminal Law Questions