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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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I was pulled over for a traffic violation last night and was

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I was pulled over for a traffic violation last night and was asked to perform some sobriety tests at which point they made me take a breathalyzer. They did not discuss or show me the results of the first test but 20 mins later, asked me to take another test, and then showed me the results of which I did not understand. I didn't think I was over the limit. I'd only had one drink within a course of 4 hours. The officer handcuffed me and put me in the car. My daughter whose 8, my adult girlfriend and her daughter was with me. They impounded my rental car and took me to the police station. They give me a blood test with the understanding to me that that's what I had to do not really asking me if I was willing to. After the blood test the officer read me my rights and put me in a holding cell. Within minutes the officer came back and released me. I did not receive any paoerwork other then the blood test notice and the vehicle impound report. I'm very unsure of what has happened and whether or not I have been charged and have no information of the charges. I live in Calgary, Alberta, Canada and am only visiting scottsdale for a couple weeks. What should I do and where do I golf rom here. I also do not know how to get the rental car out of impound.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Have you notified the rental car agency yet?

Customer: No
JD 1992 :

That would be the first thing to do. The next thing to do is go and hire a lawyer tomorrow morning.

JD 1992 :

Do you remember what the BAC level was on the test they showed you?

JD 1992 :

Also, you will want to call the impound yard first and see if they will allow you to pick up the vehicle.

JD 1992 :

My guess is they will tell you no, but you still want to call first.

Customer: Why should I let the rental company know? Shouldn't I just go to a vehicle impound hearing with the police department tomorrow morning first? What will the rental company do?
JD 1992 :

You didn;t mention they'd set a hearing on it.

JD 1992 :

You can definitely go to that and see what happens but don't testify as to how much you had to drink or if yo had been drinking.

Customer: The didn't, it is just the information written on the back of the vehicle impound report.
JD 1992 :

Most rental car agency's have a provision in their contracts that require you to promptly notify them if the car is impounded.

JD 1992 :

WHat does the information on the report say?

Customer: ARS-28-3511 was arrested for aggravated DUI
Customer: However, other then that, I have no official paperwork from the police saying why and how I was charged or what my results were from the breathalyzer. They didn't even ask me if I was willing to blow the just instructed me to and I thought is was part of the process
JD 1992 :

Do you remember what the reading was?

Customer: No, .15.
JD 1992 :

That's definitely too high for one drink over four hours.

JD 1992 :

Are you diabetic?

Customer: I didn't not feel intoxicated nor was I aware that I may have been. I had just arrive from Calgary yesterday, hasn't really eaten all day and attended a concert with my daughter. No, I am not a diabetic but I do take anti-depressants
JD 1992 :

Anti-depressants don't raise your BAC but something is wrong. A .15 is almost double the legal limit and way over what you could get with that amount of alcohol so something must be wrong.

Customer: I'm scared and very confused. I don't even know if I've been actual charged. I have no paperwork asking me to see a judge nor do I have any regarding the events that has lead up to this or my actual breathalyzer
JD 1992 :

Contact the impound and ask if they will release the car to you. If they won't then call a lawyer and the rental agency tomorrow (let the lawyer know you are calling them).

JD 1992 :

They will probably wait for the blood test to come back before bringing actual charges but something is weird if they ran two tests, you tested that high, and they still asked you to take a blood test and released you without bond.

Customer: I do have to return to Calgary on the 9th of August. I have never been charged with a DUI before nor do I ever drink much.
JD 1992 :

You want to make arrangements before you leave so call the lawyer ASAP. Things aren't matching up so if you get the lawyer involved early he may be able to head some stuff off.

Customer: I paid no fee upon my release and they didn't explain anything that would happen further.
JD 1992 :

It's very weird they didn't make you pay a bond to be released if you tested that high.

Customer: Do you know a lawyer in scottsdale that I could contact today?
JD 1992 :

No, I don't We can't give referrals anyway but I don't know any in Scottsdale anymore. The one guy I new there moved to LA. You can find one at and look for ones who practice criminal law.

Customer: Ya, I'm not understanding the entire prices. Originally they were going to hold me until this morning to see a judge but didn't end up doing that. I wasn't slurring my words, I could stand on one foot and count and walk a straight line and turn circles.
Customer: Process not prices
JD 1992 :

Your situation is EXTREMELY unusual.

JD 1992 :

I have never seen them just release someone with a .15 and not require a bond, etc.

JD 1992 :

It sounds like the machine may have been having problems and they knew it.

JD 1992 :

Did you have additional questions?

Customer: I called the rental company and they said we would not be able to get the car out of impound without their consent. Can they charge me with anything?
JD 1992 :

No, they can't.

JD 1992 :

It isn't unusual for that to happen which is one of the reasons you have to call them.

JD 1992 :

Did you have any additional questions for me? If not I'll exit to assist others but I want to make sure yours are answered before I do.

JD 1992 :

Best wishes to you. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work.

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Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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