Montana melee
Hello kind people of the internet's r/dui community,
Sorry for the wall of words, TLDR at bottom --would like to know if I should contact a lawyer.
I am hoping for some reflection from the hive mind about a situation that seems really strange.
I was heading home yesterday afternoon, driving through very conservative central Montana. I would arrive home in my college town in about 2 hours. It was just me and my dog, in the back seat.
Before getting behind the wheel, I had a single hard cider. I'm not a big drinker but I was celebrating the end of a stressful trip. Bad choice to drink the cider, which had 6 percent alcohol and jump behind the wheel after a long day. Yeah, I should know better.
The cop was an extremely low key and seemingly kind person, very young. He asked a few questions, and I admitted having a drink before striking out, and immediately volunteered to take a test. I knew that that I'd consumed very little alcohol and I was confident that I'd pass with flying colors. I realize that this is NOT the same as having NOTHING to drink, but I felt pretty solid.
He ignored my interest in taking the blow test, but instead administered a whole lot of physical tests, including the walking-straight line, balancing on one leg, turning, following his finger with my eyes alone (no head turning). At this point, I figured that I'd be fine. The tests -- including standing on a single leg with the other leg in the air for more than a minute-- did not stress me. I've spent years running, dancing and doing yoga. It helped that I didn't feel panicked -- at least not yet.
He called for backup and another local cop arrived, and asked me a bunch of questions. As it turns out, we had a few connections in common: this cop asked me a bunch of questions about my dog, who sat in the car, looking totally flummoxed. I thought the new cop and I were having a normal conversation, but I also knew that as it went on, my dog was getting hotter inside the closed-up and turned off car.
The first cop administered a breathylzer test and it came back at .29. He pushed the wand into my face and said, You know what this means? He seemed pretty agitated, but I didn't really respond.
I said, No, I don't, because I do not know what it should be.
I was handcuffed and taken into the local jail. I was told that I would stay overnight at the local Motel 6, given the fact that there was no way to overnight me in town otherwise (I was not given an explanation about why and did not ask). At this point, I was left alone for about an hour and a half. I was relieved to learn that my dog was no longer in the hot car but rather at the local animal shelter, where she would remain for a holding period. As it just so happens, I worked at an animal shelter myself for a number of years in the past, and this freaked me out, because I was familiar with the protocol of a limited holding period, after which animals that were "impounded" would be released for adoption. I was pretty undone, by this point, but then I decided that at least she would not die in the hot car, and I was able to settle myself down.
Another half hour went by, and another cop, this one a much more seasoned-looking guy came in and asked me a bunch of questions. How much had I eaten (not much) ? Had I taken prescription meds (only a standard asthma inhaler per doctor's order), how much had I slept (tossed and turned due to the stressful nature of the trip I was heading home from). Then, I did another round of the walking/balancing/counting/gazing tests that I'd done on the street, with a few new ones thrown in.
The new, more seasoned cop said, "I do not see evidence of impairment that would prevent you from driving home."
The original younger cop came into the room, sat down with me and said, "This was my first DUI."
He just sat there, staring at me, and I waited. It was really weird. " I thought there was some grey area," he said. "I'm going to take you to the animal shelter. You will follow me in your car, pick up your dog and I'll take you to the side of town and get you on your way."
I walked to his car, then got in mine and followed him to the shelter. As I reclaimed my dog, he told me that my dog was a very well trained and happy pet. He mentioned that a bunch of his cop friends had gotten wonderful companions from the shelter when their owners- who'd been incarcerated -had been forced to surrender them, but sometimes when he pulled people over, their dogs were aggressive and unpredictable, and he really liked mine.
I felt like throwing up, hearing this. For the first time, I felt the impact of this whole ruinous experience, which I brought upon myself.
I drove home, but I have no idea what to make of this day...or what to do? Have I been charged? Why wasn't I booked, or whatever happens when you're arrested -- or am I now facing a criminal charge? Will a prosecutor be contacting me? Why don't I have any paperwork or any record of my own what happened, or isn't that something I get? Why wasn't a blood test conducted? Why wasn't I given instructions about what to do? Do I need a lawyer? I have several connections in Montana's legal community, but luckily, have never needed to be represented.
TLDR: Pulled over, passed field tests repeatedly, blew .28, handcuffed, taken to jail, passed more field tests, shown the door, allowed to drive home.....
now what?
TIA for any input you may have.