I was stopped for sleeping in my vehicle at a rr crossing and received a DUI didnt do a breath test on the seen but a the station. What’s my defense?

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I was stopped for sleeping in my vehicle at a rr crossing and received a DUI didnt do a breath test on the seen but a the station. What’s my defense?

Asked on June 13, 2009 under Criminal Law, Colorado

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and practice in this area.  The question is whether the car was on? If the car was on, the chances are that you are SOL becasue you were on a public road and the officer determined that you were drunk while operating (operating is generally defined as being on a public highway while the car is running).  If this was your first offense, you may be able to do a first timer program that gets the charge dismissed upon successful completion.  If this is not your first time, then you may be looking at jail time.  I suggest hiring a lawyer to see if you can challege the basis for the stop and the chemical test.


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