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Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10686
Experience:  Over 10 years of criminal defense practice.
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I got a D.W.I Monday night/Tuesday morning. I was sitting

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I got a D.W.I Monday night/Tuesday morning. I was sitting in the gas station in town, my truck parked outside, waiting to get a ride home. Two police officers came in, asked me to go outside to take 3 field sobriety tests. I went outside with one officer, did the 3 tests, followed the pen with my eyes, stood on 1 foot for 14 seconds, and walked 9 back to back steps forward then back. The keys to my car were in the pouch of my sweatshirt, I was never in the vehicle at any time the police officers were present. What are my options to fight this case?
Thank you for your question.

I absolutely hate when DUIs are charged like this, but the law does allow it. Because your keys were in your pocket, that means you were able to "control" the vehicle under the Minnesota DUI statute. These kinds of DUI arrests occur in practically every state.

This is going to be a very difficult case for them to prosecute. A jury is not going to be easily convinced you should be punished for doing the right thing. What did the police say was the reason for even confronting you?

I will be happy to follow up with you if you have additional questions. In the meantime, please click ACCEPT so that I can get credit for answering your question.


Nathan Moore
Nate and other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
I'm not sure what the reason was for confronting me. I was sitting at the gas station table, talking/ crying to the guy that works there, and the police just came in and were talking to us about what happend, my boyfriend was in a fight that night also, and they saw him walking from the gas station, then came in to talk to me.
How would they have known the truck was yours?
Customer: replied 6 years ago.
I told them it was my truck, but never said Iwas driving. I did drive to the gas staion, but was getting a ride from there home.
Their case keeps getting weaker the more I learn about it. Were you acting intoxicated, or just upset?
Customer: replied 6 years ago.
I was Obviously upset, was bawling my eyes out talking to the guy from the gas station. The cop said he could smell alcohol on me though, when I was doing his tests.
He has to smell it BEFORE doing the tests, otherwise there is no reason to do the tests. A good defense lawyer could either suppress the tests or beat the case in its entirety.
Customer: replied 6 years ago.
Thank you so much for all your help. Would you suggest me to hire an attorney or take the court appointed?
I always suggest hiring your own. Some court appointed are good, and some aren't. This is too important to flip a coin on.