QUESTION
Can I still get a DUI after getting my license back?
Asked on Sep 23rd, 2012 on DUI/DWI - New York
More details to this question:
I crash into a pole and it was just me in the car. I don’t remember them taking any test. They did ask me if I was drinking and I replied I had one beer. They just took me to the emergency room. Blood was taken out in the hospital. I was never given a report and the nurse gave me back my license the next day. I called the police station and they gave me a report number and told me it will be ready in ten days.
11 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes.
Answered on May 22nd, 2013 at 1:57 AM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Sure. You have a lot ahead of you and sometimes it seems like an extreme uphill battle. You need an attorney.
Answered on Sep 28th, 2012 at 1:17 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It is possible, it depends if they placed you under arrest and withdrew the blood properly for a blood alcohol test i.e. not an alcohol swab.
Answered on Sep 26th, 2012 at 10:31 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes. You will get charged pending the blood test reports. Get an attorney as soon as you you get charged and speak to no one else.
Answered on Sep 26th, 2012 at 10:29 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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If the blood test from the hospital shows a blood alcohol level over .08% you will be charged with OUI. I am assuming that you are 21 or older. If you are under 21, then anything over .02% blood in your system will be grounds for the OUI.
Answered on Sep 25th, 2012 at 1:10 PM
Gary Moore
The police have a years from the date of the accident to charge you with dui, once they have the test result back.
Answered on Sep 25th, 2012 at 1:09 PM
1 Award
Yes they can. The police and prosecutor will likely make the decision based on the results of the blood test.
Answered on Sep 25th, 2012 at 1:09 PM
John D Duncan
Yes, depending on the results of your blood test, you could be charged with a DUI after getting your license back. Police take your license during a DUI typically, when you refuse to take the state administered test. Officers do this based on implied consent laws, which state that your license is conditional upon taking an alcohol test if you are suspected of DUI.
Answered on Sep 25th, 2012 at 1:08 PM
Of course. Getting your license back has nothing to do with whether your will be charged with a DUI. Keep your fingers crossed and hope the blood comes back low. In the meantime, you have only 10 days to save your license. Contact a DUI specialist ASAP.
Answered on Sep 25th, 2012 at 1:08 PM
Administrative and Public Attorney serving Houston, TX
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Eutsler Law Firm
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Yes. Because you were not arrested at the hospital, and because the results of the blood alcohol level won't be known until the lab work is finished, they gave you back your license. If the lab comes back with a high enough concentration of alcohol, you can be charged with DWI. Did you receive a document entitled Temporary Driving Permit? If so, give me a call. You have only 15 days from the accident date to take action.
Answered on Sep 25th, 2012 at 1:08 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You'll just have to wait and see if you get charged.
Answered on Sep 25th, 2012 at 1:07 PM