by eynon81 » Wed Feb 20, 2013 2:02 pm
FYI...when I was doing DUIs it was pretty rare that I'd get a case where some-one was under a .1 BAC. I think a lot of cops are cutting people lose if there wasn't real bad driving and if you were borderline.
That said I've also seen some real atrocities in terms of DUI charging:
1. cold night. client is fighting with meth-head boy friend. she runs out of the apartment and is sitting in her car in the parking lot crying. cop sees person sitting in a car, conducts "welfare check", smells alcohol (yeah she was drunk), hits her with a DUi charge. I got that case dismissed.
2. Homeless guy in the back of his van sleeping. He's running his van so he can run the heater (it was January). Cops conduct "welfare check", smell alcohol, see half-empty bottle of whiskey, hit him with a DUI. Got it dismissed because we showed the van was broken.