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Can you be arrested for assumption of DWI or do they have to give you a breath test to prove your intoxicated before arrest
Anonymous4 views3 answers
i was pulled over for no tail lights the officer then said he smelled alcohol in the vehicle after a search of the vehicle nothing was found and a valid drivers license and proof of insurance was giving no breath test was giving but he said i had red eyes and was possibly intoxicated so he handcuffed me i was placed in the police car and told i was being arrested for DWI read my rights and taken to jail i asked if i could call someone to get me car he said no i don't understand
A lawful arrest for DUI does not require that there be chemical testing of breath or blood. In my experience in PA, unless there are unusual extenuating circumstances like severe injuries to the driver, I have not seen a situation such as you have described where the arresting officers did not request breath or blood testing. The ultimately more important question is whether the officer has sufficient evidence to sustain a conviction for the offense. You need to be discussing this privately with qualified criminal defense counsel.
You don't mention any field sobriety testing or whether or not the officer followed you for some distance. An officer must have sufficient facts to arrest an individual without a warrant. You need to hire an attorney. Good Luck
It is not uncommon for one to be arrested for a DUI without a breath test. However, it would be highly unusual to be prosecuted for a DUI if there was not breath or blood test after the arrest. Consult with a local DUI attorney to learn more and to discuss every aspect of your case. Good luck.
Jasen Nielsen
