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
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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 14 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.
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