Arrested for DUI While at Home

My question involves criminal law for the state of: California

I was arrested for DUI while I was getting ready for bed. I was dropped of from a party by a friend where I had left my car. My brother and my friend came to get me from the party and as soon as they got there I left with the friend while my brother stayed behind for a few minutes. After a short while my brother left the party with my car to drop it off at my house. Upon arrival to my house he slightly hit the curb, walked into the house from the side yard (closest to my room), left through the front door and took off with the friend who had been waiting in his car. About 15 minutes later the police showed up because a witness said he saw me get out of the car and go into the house after hitting the curb. I refused the field sobriety test (I knew I would not pass) and on that basis they took me in. About an hour later I took a blood test. Since then I have hired a very good, well known DUI lawyer with many years of experience solely in DUIs. My question is what are the chances the case will be dismissed? and if it goes to trial what are my chances of acquittal? Also, if it goes to trail what is my best defense?

how did they get in your house?

Are all these people willing to testify under oath to what you have said? If so, your chances of an acquittal are pretty good. The neighbor's identification o fyou and the collision could be problematic.

I am assuming that you came to the door when the police knocked. If they made entry without your permission, then there are some other considerations to be made.

- Carl

I live with roommates and on of them opened the door when the police came. He then informed me that they wanted to speak to me. I just hope my defense is good. It was night and my brother and I are somewhat similar so hopefully that will go against the witness.

But, will the friend and your brother testify to all this? Is it the truth?

- Carl

Actually it was one of my roommates who opened the door. They did not come in, I wen to them. Since it was night and my brother and I are similar, to what degree does that help me when it comes to the witness? And yes, they are willing to testifiy in court? Any chance of it getting dismissed??
Thanks for the input

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Quoting cdwjava

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But, will the friend and your brother testify to all this? Is it the truth?

- Carl

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Yes it is the truth, and yes they are willing to testify in court under oath.

Then as soon as you can get an attorney to speak to the DA, you might find that the DA will drop the whole thing.

- Carl

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Quoting cdwjava

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Then as soon as you can get an attorney to speak to the DA, you might find that the DA will drop the whole thing.

- Carl

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will this be after the arainment?

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Quoting danieltm82

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will this be after the arainment?

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If you cannot afford an attorney then one should be appointed at the arraignment or, the court will postpone the matter or enter a plea of "not guilty" to give you time to obtain a public defender.

- Carl

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Quoting cdwjava

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If you cannot afford an attorney then one should be appointed at the arraignment or, the court will postpone the matter or enter a plea of "not guilty" to give you time to obtain a public defender.

- Carl

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After some research, I hired the best attorney I could find, do you think it will make the difference in MY case? basically is the money worth it?

It depends on the money and how much it is worth to you. This does not seem like a difficult case to beat, but, a well trained and experienced DUI attorney may do better than a general practice attorney that deals with all areas of law equally.

YOU have to be comfortable with the attorney you have chosen, so you need to weigh the situation for yourself.

- Carl

OP, if your facts are legit, contest this ticket. Kind of difficult to prove you were drinking and driving. Hell, it sounds like it would be hard to prove you were driving.

Will the State rely on a non Officer witness to place you in the car? Even if they do, Who's to say you were under the influence at that time?

You can get awfull smashed in fifteen minutes!

I got a DUS once while I was eating in a restaraunt. Coincidentally, I had been there about fifteen minutes. Got a directed verdict of not guilty (Technicality). I was pretty confident in the jury though. Cop didn't see me in the car, didn't see me get out of the car. That = reasonable doubt.

Picking up the phone and calling the cops is one thing. Showing up in Court to be confronted by the accused is quite another.

I hope this doesn't cost you an arm and a leg!

Roger

It sounds as though you've got a good attorney. What does he think about the whole thing? From what you've said, I think you'll beat it but your lawyer probably has a really good idea of how it will go.

Once you receive discovery, see who they have listed as witnesses. If there is no witness that can put you in the car, intoxicated, you are home free!

Roger