QUESTION
Can I be charged with a DUI if I have not been arrested or issued a ticket?
Asked on Dec 03rd, 2012 on DUI/DWI - Michigan
More details to this question:
I got pulled over for turning right on a no turn on red. The officer issued a breathalyzer and I was above the limit. He then had the passenger do the same to see if she was sober enough to drive, but she was also above the limit so he had my car towed. On the tow report under reason for towing it says "safe keeping". He got all my information and told me I should be getting arrested, but he didn\\'t arrest me. He gave me my driver license back and told me ill have 6 points on my license. He didn't give me a ticket or any sort of paperwork and didn't say what he's charging me with. I thought he was supposed to take my license away if I was getting a DUI.
5 ANSWERS
Michael J. Breczinski
Well I would check with the court to see if they have issued a warrant for you or charges have been filed and you should check on that periodically.
Answered on Dec 05th, 2012 at 9:54 PM
Collections Attorney serving Okemos, MI
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Cindy Mannon, Attorney at Law
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He should have taken you to jail if he was arresting you. The pbt on the side of the road is inadmissible evidence. Normally, you are given road side sobriety tests and taken to the police station, where you blow into the datamaster and they do not let you out of jail until your bac is .00. You may have been very lucky. If you do get something from the court, don't ignore it. You should get an attorney in the area of your arrest and see if something can be worked out or dismissed. You can also call the courthouse where people who are taken in for drunk driving and ask to speak to the criminal clerk and see if there is anything out for you, it usually takes about a week after the stop. Just tell them your name and ask if you have any charges against you. Sounds to me you got lucky, but I can't figure out what the six points will be for if you are not convicted of drunk driving (OWI/not impaired).
Answered on Dec 04th, 2012 at 12:47 PM
General Practice Attorney serving Sterling Heights, MI
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Law Office of Derik R. Girdwood
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Yes, you can still be charged, although you were fortunate the officer did not arrest you and take you to jail that day.
Answered on Dec 04th, 2012 at 12:47 PM
Dennis P. Mikko
The person who makes the decision to charge is the prosecuting attorney. After reviewing the police report, the prosecutor could decide to charge. If the prosecutor authorized charges, there would be a warrant for your arrest and you would need to appear in court. While it is normal procedure for the officer to arrest on the spot and take your driver's license, it is hard to say why that did not happen.
Answered on Dec 04th, 2012 at 12:46 PM
ADVICE ONLY. It is likely that you will get a letter in the mail advising either that a warrant was issued for your arrest and/or you should contact your local police department about a "driving issue". This means that they want you to come to the police station to discuss the matter and face charges. The normally would give you're a ticket and take you to county jail for a free 8 hour rest in the jail. You would then get arraigned or given a date to appear for arraignment (advice or legal charges.) Do not take this NON ACTION by the police to mean that you will not be charged. Call the police and ask for the Sergeant in Charge and they will advise of the status of your matter
Answered on Dec 04th, 2012 at 12:46 PM