QUESTION
can i get charged for a dwi still if the officer did not take me to jail that night?
Asked on Jan 14th, 2014 on DUI/DWI - Texas
More details to this question:
I got in a car accident ..hit a curb. I had no alcohol in the car but I smelled like it. no open containers. I did a sobriety test and think I did okay. officer asked for a breathalyzer test I refused he place me under arrest read me my Miranda . went to police station and sat in the car for hours until warrant was signed for blood . transferred to er and was test for a bac level. the er would not give medical release d/t my heart rate was too high . the officer was tired and ready to get off work . he finally left me at er said it was my lucky day was not going to jail. he took my drivers licence and gave me a 40 day permit for refusing blow test. I asked him for my paper work for my charge he said that the county will call me . I didn't go to jail its been 5 days no one has contacted me. . I called the county jail 2 days later and they had no records of my arrest..asked me if I was sure it was that county.. was he allowed to leave me and not take me to jail? can I still get charged. from texas thanks
1 ANSWER
Criminal Law Attorney serving Houston, TX
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The Law Office of Rick Oliver
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Yes, you can still be charged. If the arrest was only 5 days ago, the most pressing issue is the ALR. If the officer confiscated your DL, he will have sent that paperwork to Austin. So, the clock is ticking. You have only 15 days from the date of arrest to contest the 6 month suspension of your license. I specialize in DWI cases, and can tell you that I handle the ALR on every single DWI case I'm hired on, provided I am hired within that 15 day window. It gives us an opportunity to fight to prevent the suspension. Also, it's our only real opportunity to get live testimony from an officer prior to trial.
As for the arrest, here's what will happen. The hospital should have drawn the blood. It will then be sent to a lab to be tested for the BAC level. Once the report is issued it will be sent to the agency that requested the testing (the arresting agency and/or the DA's office). If the BAC is at or above a .08 either a warrant or a summons will issue for your appearance on the case.
Right now there's a pretty significant backlog for blood testing at the labs. So, it could take up to a couple of months before you hear anything back on the blood. But, don't wait. Again, you can still fight the ALR; and it's an important piece of the discovery process in a DWI defense.
Answered on Jan 15th, 2014 at 3:43 PM