QUESTION
Can or will state still prosecute me on DUI if I failed field sobriety test but passed breath and urine test?
Asked on Sep 28th, 2013 on DUI/DWI - Michigan
More details to this question:
Hello. I was arrested for DUI after being pulled over for going through a stop sign. Officer said I failed field sobriety test. I submitted to breath test and it came back 0.00. I then submitted to urine test and no drugs were found in my system. Can or will state still prosecute me on DUI?
12 ANSWERS
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It is highly unlikely and almost impossible to prosecute you for DUI if they do not have evidence of alcohol or drugs in your system by a breath or chemical test.
Answered on Oct 04th, 2013 at 9:11 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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That is a decision that the prosecutor's office will make. If they charge you, you will need an attorney to represent you.
Answered on Oct 01st, 2013 at 10:08 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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It depends on your States Attorney policy, some will proceed to trial, others offer a "sweetheart deal" in exchange for a plea, a few will drop the case for lack of evidence. You really need to review video or audio tape before making a decision if the State proceeds against you.
Answered on Oct 01st, 2013 at 8:40 AM
Alexis Anne Plunkett
If these facts are true, it is very unlikely that the state will move forward with your case.
Answered on Oct 01st, 2013 at 4:45 AM
James Edward Smith
Yes, they can try.
Answered on Sep 30th, 2013 at 8:12 PM
If you blew completely clean, the DA will most likely choose to drop the DUI charges, though you can still be tried for other related offenses, such as running the stop sign. However, if the tests were administered much later, the officer's testimony may still come into play, or the DA may seek to charge with a lesser crime, such as a wet and reckless.
Answered on Sep 30th, 2013 at 8:03 PM
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It is possible, but most prosecutors will drop the charges. If they do go forward, hire an attorney immediately to help you.
Answered on Sep 30th, 2013 at 8:02 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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They can, but it is going to be very difficult to get a conviction.
Answered on Sep 30th, 2013 at 7:55 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yes. But they probably won't.
Answered on Sep 30th, 2013 at 7:53 PM
Michael J. Breczinski
They will probably not be able to prosecute you on this.? You should get a lawyer and fight.
Answered on Sep 30th, 2013 at 4:25 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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It is unlikely, they can, it will depend on what evidence the State has regarding "impairment" there are two ways for the State to proceed, if you are .08 or above (VC23152b, which you aren't) or under the influence (VC23152a, which will relate to any and all evidence the State collected supporting the claim that your driving was due to something other than just "bad driving"). It seems unlikely, but they could.
Answered on Sep 30th, 2013 at 4:25 PM