At some point or another most all of us have seen a police cruiser with another city’s name painted on its doors, in our town. Even if you are not speeding, have obeyed all of the traffic signals, and are not driving under the influence of drugs or alcohol, you are still tempted to sit up a little straighter and watch your driving habits when you see a police car; regardless of which jurisdiction the officer serves. But this does beg the question, “can an officer from another city give me a ticket, or arrest me?”
Most times the answer is no, but there are times when an out of town police officer can make an arrest a different city. One way for an officer from out of town to arrest you for DUI is if he witnesses you driving in a way that gives rise to the suspicion of driving while under the influence, and makes a citizen’s arrest. Just because the person driving the patrol car happens to be a police officer somewhere else, that does not mean they are still not a regular citizen wherever they go. And, a regular citizen does have the right to make a citizen’s arrest. This type of case might seem unlikely, but it has been known to happen. So here are some things to keep in mind if you are arrested for DUI, by a local officer or even one from out of town:
- The state has to show that your BAC was over the legal limit of 0.08%.
- Most times proof of BAC comes from a breath test, and these tests can be unreliable.
- Sometimes the testing machine was not working properly, or had not been properly maintained. If that is the case, any result from that machine is suspect and should be challenged.
- In some cases, there are other substances in your systems that “act” like alcohol. Be sure your attorney knows every medication, prescription or over the counter, you are taking so a determination can be made as to whether that substance played a role in the test result.
- If you have been arrested for DUI, we understand how scared you are. The timeline is short for protecting your driver’s license, and you also have to act fast if you are going to request any dashcam video to use in your defense.
If you have been arrested for DUI, we understand how scared you are. The timeline is short for protecting your driver’s license, and you also have to act fast if you are going to request any dashcam video to use in your defense. Call us today to get the ball rolling, and let us help you maintain your driving privileges and reach a conclusion in your DUI cases that makes sense.
For help with questions about DUI defense, call a competent criminal defense attorney in Stuart and the Treasure Coast for help. We offer representation for a wide range of offenses, call us to schedule an appointment.