QUESTION
Can I be charged with a DUI after the fact?
Asked on May 05th, 2013 on DUI/DWI - California
More details to this question:
Last weekend, I crashed my car on a dark road and needed my friend to give me a tow. The car was not at all damaged but it was placed awkwardly over the curb so that the front tires (my car is front wheel drive) were not touching the ground. Basically, I was unable to drive it anywhere. It was late at night and I could not get him to come out until morning so I decided to wait it out. I sat there for a while waiting and had a couple of drinks from an open container I had in my car. I was sitting outside of my car when the police came. I was very cooperative with them, but eventually they asked me to take a breathalyzer test which I failed. I was only charged with being drunk in public but am now worried that I could be charged with a DUI. I can see on the ticket that they scratched out what seems to be the California code for DUI and instead put in drunk in public. What should I do if anything?
3 ANSWERS
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
There is nothing you can do to effect what charge is filed. They may have cited you for drunk in public because you were drinking when they came to where you were. They may not be able to prove whether you were under the influence at the time of the accident. If they took your license you will need to request a hearing within 10 days of your arrest.
Answered on May 10th, 2013 at 1:06 AM
Criminal Defense Attorney serving Oakland, CA
at
Kapsack & Bair, LLP
Update Your Profile
The ultimate charges you face will be determined by the District Attorney after they review the police report, chemical test and perhaps follow-up with the investigating officer(s). You may end up charged with a DUI despite the fact the officer only cited you for drunk in public. You have a good legal defense since you were drinking after the "accident" but the DA may still decide to prosecute you for DUI.
Answered on May 09th, 2013 at 1:32 PM
Geoffrey MacLaren Yaryan
You could be charged if your BA level was more than one would expect to see from the drinks you had after the accident.
Answered on May 08th, 2013 at 4:39 AM