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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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Can the law come into a bar and put you in jail because

Customer Question

Can the law come into a bar and put you in jail because someone said you were driving drunk.
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

DUI is a primary offense. The law enforcement officer has to have evidence that you were in a vehicle and driving in order to request a breath test from you. In the present case, it would be nearly impossible to convict someone that was legally in a bar for DUI when the officer was only operating on a tip - and did not see that individual at any point behind the wheel of a vehicle while intoxicated.

They have to have a reasonable suspicion of DUI in order to stop and approach the individual and probable cause to arrest. Based on the scenario that you have presented, this should not result in a conviction due to lack of evidence. Moreover, it is arguably an unlawful arrest unless there is considerable, credible witness testimony as to the fact that the person was driving drunk prior to entering the establishment.

In short, the answer is yes, they may enter with credible evidence that establishes probable cause. However, due the fact this is a bar and the fact that they did not see you drive (LEOs), it would be nearly impossible to convict and therefore the person should not be arrested in the first place.

Please rate my answer positively and let me know if you have any other questions or comments.

Best!

Expert:  Delta-Lawyer replied 1 year ago.

Did you have any additional questions or comments? I want to make sure you are as comfortable as possible moving forward. Thanks!

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