Q: I was walking and had my keys hooked on my purse. I was interrogated and tested for dwi on heresay. Is this legal?
On Sunday, I walked into a North Carolina police station to pick up my husband who was pulled over for no insurance but ended up receiving a DWI (breath test = .09) because they smelled liquor during the stop. Of course, I went to rescue him at the police department. My car was parked and I walked into the station. Because my husband stated to his arresting officer that he had drinks earlier with me (his wife), the officer used that as probable cause to take me outside and ask me questions along with two other officers. This led to testing me and then arresting me for DWI because my car was in the parking lot. I showed no signs of intoxication and was polite and cooperative. We had a witness there who can attest to all of that. (He came to pay our bonds). My breath test was a .10 My question is: Was this legal to interrogate me and then test for DWI all on heresay? (I was walking inside the police station!) I'm humiliated and scared. I would appreciate any advice.
A: Was it legal? Yes, cops can ask you questions anytime whether they were tipped off or not. You however, do not have to answer them and you and your husband definitely should not have answered any questions. As to hearsay - what your husband did in talking to the officers at all let alone telling them he drank with you was not the smartest thing to do but it is not hearsay. Hearsay is an evidentairy / procedural term and isn't relevant to how the officer's came to take an interest in you. So in short, yes, based on your description, perfectly legal for an officer to question you and develop cause to arrest you if your husband says he was drinking with you and then you show up. There is a legal concept called res ipsa loquitur which means 'the thing speaks for itself'. Its very likely that during the interrogation you admitted driving there but even if you didn't, the officers can infer that you drove impaired because your car was there and you were there and the most likely way it got there was you drove it there and since you blew a .10 the next logical conclusion is you drove it there while impaired. So all that said - don't be humiliated or scared. It's not the end of the world and it could have happened to most anyone. At this point, likely the best thing to do is shop around and hire a DWI attorney you feel comfortable with who can go over the particulars of your case in more detail and advise you of what your options are. In the future, avail yourselves of your 5th amendment rights and never answer any officers questions.
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