Question about legality of a DUI arrest

[Slew Foot]

So my wife's business manager got arrested for a DUI but according to him, the details sound kind of sketchy. A couple of years ago he had one glass of wine with dinner at a restaurant with his boyfriend(yes he's gay), which was proven by the receipt. They ended up having an argument and he left. On the way home, he swerved to avoid some animal in the road which apparently alerted some other driver to call the cops on him (this is in Los Gatos CA, which is an upper class snooty neighborhood full of old people, and where wildlife roams the roads no infrequently). He drove home without incident and went inside his apartment and started drinking vodka. About half an hour later, some cop knocks on his door and asks if he's been driving drunk. He says no but since he's been drinking since he got home he fails all the tests and gets a DUI arrest. He was found guilty in court and has been appealing it for a couple years.

Im not a lawyer but it seems kinda shady that with weak evidence at best someone would get nailed for a DUI like that, and that a decent lawyer should have been able to get him off. He seems to think that the lawyers and jury have a thing against gay people, but good luck getting it overturned on that account. The stupid part was when the judge told him if he never answered the door, he would have gotten off.

 

[GagHalfrunt]

You're not getting the whole story.

 

[Vic Vega]

The stupid part was when the judge told him if he never answered the door, he would have gotten off.

Absolutely. I wouldn't answer the door for the police unless I was expecting them. If they needed to convey some urgent message they could do it through the door and I would evaluate the need to let them in my home. No way in heck I would take a breath test standing in my foyer an hour after parking the car - especially if I have spent that hour drinking. Feck that noise.

 

[AznAnarchy99]

Cops went to the door of his house and asked for a DUI test? What daa

 

[Phoenix86]

I don't understand why a jury would convict on that evidence. Proof of the number of drinks at the bar. No proof of driving after. Time difference between report at police arriving/testing...

Something is missing.

 

[JTsyo]

guess the lesson to learn is don't drive then drink.

 

[Dirigible]

You're not getting the whole story.

That's my conclusion. I disbelieve the tale.


What's the question you had though? Don't see one in your OP.

 

[Vic Vega]

I don't understand why a jury would convict on that evidence. Proof of the number of drinks at the bar. No proof of driving after. Time difference between report at police arriving/testing...

Something is missing.

Certain States restrict your right to a jury trial for DUI. Arizona is one.

 

[Vic Vega]

guess the lesson to learn is don't drive then drink.

The lesson is, don't open the door for the police. If it's really important, they'll open it for you.

 

[Kadarin]

If the story as told is correct, it sounds like a good attorney should have solved this problem for him.

 

[Brigandier]

I was almost certain you couldn't get arrested for DUI if you park your car and enter the house, how does the state prove beyond a reasonable doubt you didn't beer funnel a fifth of vodka when you walked in the door?

Sounds like your friend has a crappy lawyer.

 

[KeithP]

You're not getting the whole story.

My thoughts as well.

-KeithP

 

[boomhower]

Certain States restrict your right to a jury trial for DUI. Arizona is one.

Even under appeal? Here your initial trial is by judge but you can appeal the decision and get a jury trial.

OP: First it just doesn't add up and if that is actually the truth that guy isn't the brightest crayon in the box. That would get laughed out of court here, the Officer is likely going to get a dressing down in the process. No observation of driving and no eye witness to prove he was driving? Well of course he admitted to driving after drinking but still, I just can't believe he was convicted based on what was posted.

 

[Phoenix86]

Certain States restrict your right to a jury trial for DUI. Arizona is one.

I find it equally as unreasonable a judge would convict with the stated facts.

Something is missing.

 

[Theb]

 

[mizzou]

You're not getting the whole story.

This

 

[mizzou]

I was almost certain you couldn't get arrested for DUI if you park your car and enter the house, how does the state prove beyond a reasonable doubt you didn't beer funnel a fifth of vodka when you walked in the door?

Sounds like your friend has a crappy lawyer.

To get a DUI you need to

1. Driving a vehicle
2. In an intoxicated/drugged condition

thats all you need to prove. If a cop sees you exit your car and stumble into your house, and you answer the door when the cop knocks and its CLEAR you are intoxicated, DUI.

"How long does it take to absorb alcohol into the blood stream?

Average is anywhere from 30 minutes for an empty stomach to 90 minutes with food in the stomach. Some studies have suggested it can take up to 6 hours for alcohol to absorb after eating certain foods. Others say that everyone should be fully absorbed within 30 minutes. I have seen no studies that suggest alcohol can be absorbed in less than 20 minutes. It is safe to say it varies considerably in ever person. It will even vary in the same person from one time period to another. You must consider absorbtion rate prior to driving to avoid a DWI. You may feel fine when you leave the club but if you have recently consumed alcohol your BAC will be climbing and you will be at risk of being arrested for a DWI or DUI."

 

[mizzou]

So I was telling my friend this story about my criminal history, and I sort of skewed the facts to make me not look like a criminal.

^

 

[MontyAC]

The story is not believable. Any lawyer with have gotten a not guilty verdict in a jury trial.

 

[waggy]

I beleive it.

a few years ago there was a story in the paper where something almost the same happened to a guy around here. He had only 1 drink at a friends house (many witness's) on the way home he hit a dog and killed it. the guy said he was a vegan and against hurting any animals. so he started to drink.

About an hour they the cops showed up and they arrested him for DUI.

 

[Craig234]

1. How the hell did they get the police to go to the guy's house?

When I've called the police about blatant dangerous driving following the person to parking and going in a house - I'm pretty sure they don't do anything.

They only do anything if the car is driving.

2. I was ready to blast the story for attacking a drunk driver, but it seems clear to me if these are the facts there's reasonable doubt and no grounds to convict.

So it'd be interesting to get more info how he got convicted.

3. I have suspicions the story might be false - but that doesn't come close to passing reasonable doubt.

 

[Craig234]

I beleive it.

a few years ago there was a story in the paper where something almost the same happened to a guy around here. He had only 1 drink at a friends house (many witness's) on the way home he hit a dog and killed it. the guy said he was a vegan and against hurting any animals. so he started to drink.

About an hour they the cops showed up and they arrested him for DUI.

Link?

Same issues.

 

[waggy]

Link?

Same issues.

it was in 97-98? i don't think they kept it or put it online.

I had heard that it was dismissed but not sure. I do remember reading of the arrest.

 

[Lifted]

You're not getting the whole story.

He's getting the whole fictional story.

 

[classy]

Nah.......dude is definitely leaving out something. No way cops even waste time on that. Sounds like to me he ran a red light or something more serious like almost hit a person. I don't see cops going to a person's house 1/2 hour later over a report such as that. And unless he is a serious alcoholic, or like 6'0 90 lbs, no way he could consume enough vodka to fail a dui test in 30 mins.