I was at home when arrested. Witnesses saying drank alot when I got home not before/ Was cited then seven days later re cited an to throw away 1papers

Get Legal Help Today

 Secured with SHA-256 Encryption

I was at home when arrested. Witnesses saying drank alot when I got home not before/ Was cited then seven days later re cited an to throw away 1papers

Asked on April 30, 2009 under Criminal Law, Vermont

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

And your question is?  If you were arrested on a DUI the state's prosecutor will have to prove beyond a reasonable doubt that your blood alcohol level exceeded the legal limit while you were driving. That sometimes can be surmised from your driving, the fact you spent a few hours in a bar, and had several drinks, etc.

If blood was taken after you were driving, then it becomes a question of fact if the level was too high earlier. Assuming you could truthfully testify that you were stone cold sober when driving but you went home and became tanked, the jury may believe you. If you can bring in 10 witnesses to say the same thing it's even more likely the jury might believe your story. Of course if the jury does not believe you, the judge may increase the sentence or charge you with perjury.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption