A DUI Arrest in a house.?

At six O' clock on saturday i went to my buddies house to hang out. When i got there two of my friends were there with a kid i dont even know and one of my friends was drinking a little, my other friends left to go see a movie and me and my one firend who had been drinking stayed and dropped a few. I Drank a lot of alcohol. (BAC = .287) when i was arrested. around 10 O'clock i woke up from being passed out by then my buddies dad was on his way home and his older brother was home and his older bro. friend was there. there was a knock at the door upstairs. It was two Idaho falls policeman we let them in i was in the bathroom throwing up. i was donwstairs they were upstairs, they asked to see me. so wheni was walking upstairs my buddies friend told me to not get him in trouble.( he DID NOT buy us the alcohol. they questioned me and asked me if i had driven here while dirnking i said: No he then said did you travel with the alcohol in your car i said : Yes to keep my friend safe.
the alcohol was at my friends house they came off a of a juvenile party and im under age. the people who can testifie to this all were not drinking. they searched my vehicle and there was no alcohol in it.


Facebook comments:

Comments

  1. jcurrieii says:

    Generally speaking…

    The most you can (generally) be convicted of is "Open Alcohol" if it was transported in the cabin of the vehicle. If it was in the trunk, you *should* be fine (talk to a lawyer).

    However, I have heard of cases of people being charged DUI while not in a motor vehicle…one of them after he turned his keys in at the check-in desk for the hotel the Social he was attending was being held. They woke him up in the Hospitality Suite he was passed out in, and arrested him, as he was classified as "In Control of His Motor Vehicle," since he could have demanded his keys from the desk at any time, and they would have been obligated to give them to him.

    As I said…see a lawyer. If you can, keep your buddy out of it, but if you can’t, don’t bother trying, it would only go worse, since they would go after what ever it was you were hiding.

    Good Luck!

    EDIT: A six-pack with a missing can is legally classifiable as "Open Alcohol," as is any container that has been opened and resealed.

  2. MVR says:

    Is that the whole story?

    If your BAC was truly .287 you should just be thankful you are alive.

    Assuming you are of age, you are allowed to travel with unopened alcohol containers in your car, but not open containers.

  3. iamct01 says:

    As long as you get a self paid lawyer you will win without even going into a court room.

  4. kanerosnov says:

    For the DUI to stick the police will have to prove that you operated a vehicle while under the influence of alcohol. With no traffic stop, and witnesses who will attest that you were sober when you arrived at your friends place, they have no case. You’ll want to lawyer up and probably file a motion to dismiss or file a motion to suppress that BAC result as they lacked probable cause for the arrest.

    Why did the police come to the house anyway?

  5. Misties Unite says:

    I don’t understand this story at all. Are you of legal drinking age? Did you convey alcohol in your vehicle?

Leave a Reply