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My brother got a DUI in Guymon, Oklahoma. Any advice 1st ticket he's got.?
Question:
His tickets received Dui (driving under the influence) No seat Belt (He was not in his car) Dysfunctional Vehicle (tail light was out) No Insurance (He has it just lost the card) M.I.P (minor in possession) Open container (2 empty bottles in 12 pack slots) He was pulled over at a friends house. He was already out of his truck and knocking on the door. The officer said he pulled him over for an abrupt turn in a residential neighborhood. My brother refused a breathalyzer and ask for a blood test or roadside. So the officer put him in his car and started searching his truck. He found beer with 2 empty from the 12 pack-So he wrote him an open container ticket. He made my brother do the breathalyzer but he didn’t blow much. (?) don't know the numbers?? He searched without permission and refused a roadside. Is there any advice I could use? To all of you who wanna bash on my brother for drinking-don't waste my time I just won't read it! He messed up and he'll learn a lesson from this if he wants to or not. So yes he had been drinking and he doesn't deny, he should not have driven anywhere.


Answer:
Search incident to arrest is legal. When impounding a vehicle, inventorying the contents is generally necessary. The fact that your inebriated brother got to the door of his friend's house before the police officer arrested him doesn't mean the officer didn't see him get out of the car. Getting out of the car won't let him off the hook. Your brother should not have even been in possession of alcohol, let alone drinking. He should not have been driving afterwards or driving the car period in that condition. My advice is that you talk to your brother about not being such a scofflaw and being oblivious to the harm that he could have caused others by his lackadaisical approach to obeying the law.