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Can i be charged with having a open container & a dui if i wasnt given a BAC test or a citation?
Anonymous2 views5 answers
I was pulled over for improper use of a turn signal, when i stopped the cops asked almost immediately to search the car but never gave a reason. Nervously i let them search and they found a empty beer can under the front seat, but they let me go told me i would receive a ticket for the turn signal in the mail. Now im going to be arraigned for a open container & a dui.
Based on the information provided, and provided the police did not gather any additional evidence, I do not believe you can be convicted of driving under the influence. On the other hand if the "empty" beer can was not truly empty, then there is a probability that you can be convicted of an open container of alcohol.
Can you be charged? Sure, you can be charged with anything. Ought you be convicted? Probably not but it will require an appropriate defense. You need to hire a qualified attorney ASAP and start preparing your defense.
Robert H. GermanDUI / DWI AttorneySpring Lake, MI ·
You definitely need to hire an attorney who handles OWI cases. While the police can arrest you for most anything the appropriate question is whether they can convict you of such an offense. Just because you have an empty beer can under the seat does not mean that you are intoxicated or impaired. There are many procedures the police must complete in order to arrest you. Service of a drunk driving charge in the mail is very unusual. Something is not right and you need somebody who is familiar with OWI law to defend your case. How did the police obtain a blood alcohol level? If they did not then they will have significant problems making their case. When the police use a reason such as failure to use your turn signal or having your license plate light out, it usually means they are looking for reasons to stop anyone for anything. You could have a case for illegal arrest or many other things depending upon the facts and circumstances of your case.
