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Is it legal to be arrested for a DUI in WV, when not seen in a motor vehicle ?
This arrest was based on an alleged phone call
Anonymous8 views2 answers
I was immediately approached ( did not even step off the curb ) by a police officer upon coming out the door of a convenience store. I was arrested for a DUI. At no point in time, had the officer seen me get in or out of a motor vehicle ; nor at any time did I say how I got to that location. Officer alleged that he had "gotten a call". I can see it being a lawful arrest ONLY for a "public intoxication". Is it in any way possible to be lawfully arrested for a DUI under these circumstances ?
There's a saying in the criminal/dui defense arena that our gov't can charge a ham sandwich with a crime. However, doesn't remotely mean the ham sandwich actually committed the crime.
Segway: In WV, an officer, need not actually see you drive to arrest and charge dui if the circumstantial facts and circumstances can prove you just recently drove or only way you got where your at is to have driven and/or make some sort of admission.
Your specific facts as relayed indicate a good defense and one that sounds difficult for state to prove.
Sincerely,
Harley O. Wagner
The Wagner Law Firm
WestVirginiaDUILawyers.com
I don't know WV law, but I imagine it is very similar to Georgia regarding your question. In Georgia, yes you can. Evidence can be direct - someone telling the police officer they saw you just get out of the car, or circumstantial: anonymous caller called in your car for weaving minutes before. Then saw you near car intoxicated. A conviction is a different story than being arrested.
