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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1805
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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My daughter was arrested for dui because she had three beers

Resolved Question:

My daughter was arrested for dui because she had three beers in two hours and 3 hours before that had taken a half mg. of prescription medication colanezpan. At the hospital I walked up behind the officer and watched him preform a road side test on her and she passed it with flying colors but what i saw and he said in his report was not what I saw. He said she put her foot down three times standing on one leg and that never happened.   He did not know I was there at the time and then I asked the other officer what she blew in the breathalyzer on the road test and he said he didn't have to tell me and I then said if you can't tell me then tell her what she blew for a number. He said he did not have to tell her anything. They did tell me she was being arrested for DUI and then she was taken to the county jail and released. Is there anything not legal in this situation from the officers and what can i do.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 8 years ago.
Your daughter has a right to know the result of the breath test and will be advised ofit at some point (at her arraignment if not before).

The officers should have been willing to tell her the result right away, but the fact that they did not has no legal effect on her case. They were under no obligation to give you the test result.

If the case ends up going to trial, you will be able to testify to what you saw when she took the sobriety test. If the officer testifies to something that did not happen, your testimony can contradict and impeach his, which of course would be to your daughter's advantage if the jury believes you rather than the officer.

Why was your daughter at the hospital? That is unusual for a routine DUI arrest. Did she tell the officers that she had taken a prescription med before drinking? If so, she could be charged with driving under the combined influence of alcohol and a drug even if her breath test was below the legal limit.

Your daughter should consult with a local criminal defense attorney, who will be able to give her specific advice about how to handle this situation. If you do not otherwise know an attorney, you can find one through the local bar association's lawyer referral service.
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