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  1. #1
    Join Date
    Sep 2016
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    Default Charged With a DUI Due to Drinking After Driving

    A driver was going into a bar with a drunk friend, and they were laughing and probably stumbling a bit due to the driver's helping the drunk friend into the bar. Somebody saw the car before they stopped at the bar, and called the police to report the car as being operated by a drunk person. The police came to the bar and questioned the driver, then they gave him a breath test which was above the legal limit. He is now charged with DUI. Since the man was drinking at the bar before the police arrived, how can they prove that he was drunk when he was driving the car?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Charged With a DUI Due to Drinking After Driving

    Drunk driving offenses can be based upon driving conduct, as well as blood alcohol level. Read this.

    The police may have difficulty tying the blood alcohol measurement from the bar to the driver's blood alcohol level when he was driving -- but that's only necessary for a UBAL (unlawful blood alcohol level) prosecution. They can also prosecuted based upon his being impaired by the consumption of alcohol, even without proof of his BAC. The observation of the person(s) who called 911, as well as the person(s) who saw him stumbling into the bar may be sufficient to support a DWI prosecution even if the BAC measurement doesn't come into evidence.

    Given the need to find and produce at trial witnesses who are not police officers, or to use a 911 tape as the basis of allegations of impaired driving, the man may find that the prosecution is willing to cut a deal, or that his drunk driving defense lawyer sees a greater potential than usual for a dismissal or non-criminal disposition. He should definitely discuss his case with a lawyer.

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