How long does an officer have to make an arrest for a DUI?
My daughter was arrested on Nov. 16th for a DUI. from an incident on July 25th 2006. The arrest papers say she was arrested on july 25th. She was not arrested at this time. She was at a restaurant eating and became drowsy so took the rest of her meal to go home. She fell asleep in her car and the re...
My daughter was arrested on Nov. 16th for a DUI. from an incident on July 25th 2006. The arrest papers say she was arrested on july 25th. She was not arrested at this time. She was at a restaurant eating and became drowsy so took the rest of her meal to go home. She fell asleep in her car and the restaurant personnel called an ambulance to come and get her. She was taken to the hospital. Officers came to the hospital to inquire aobut the incident. The officers claim she was arrested on july 25th and she was not arrested until Nov.15th. I have verfied this with the local police department. They are now stating she had methamphentimines plus her pharmaceutical medications in her blood work. This led to an officer coming to her home on the 15th of November and giving her the DUI. I don't understand how they can say she was arrested in July when she was not. Does anyone have any ideas about how an officer can wait 4 months to make this arrest?
You seem to have more than one question. Let me try to answer it for you. It may not be what you want to hear.
First since I do not know what state you are in, I am going to go by the laws in my home state, Kentucky.
The State has one year to bring charges in a misdemeanor case which applies here. Even though your daughter was not actually driving the car, she was in control of the car. Yes I know, I think it is silly too, but most states have said that if a person is in a automobile even if it is not running, they are in control of that automobile.
The problem with drugs verses alcohol in a DUI case is that drugs can remain in your system for 30 days or more. Therefore it is very hard to prove that you were actually impaired when the offense took place.
However, police can cite "probable cause" based on blood work taken at the time of the incident.
Probably the police aren't saying that she was arrested on 7/25 but that the incident occurred on 7/25.
This is my advice to you. Get an attorney. He or she should be able to argue that it is impossible to prove that she was impaired because no motor skills tests were given and she had presence of mind to know that she was too sleepy to drive. Meth does not cause a person to be sleepy! The opposite is true. Therefore it would be hard to prove that she was under the influence of meth at the time.
Good luck to you and your daughter.
You should go to the district court
GET A LAWYER