How do I find out if I was charged for DUI without losing the fifteen-day window?

Question

I was stopped by cop and I blew 1.0, left to go home but cop run my license. I did not give ticket at the time. Should I suspect I got DUI or was I lucky?

Terry Nelson · Answer

I can speculate no better than you.  The TEN day appeal period with DMV runs from date of arrest.  You'll have to determine if and when that occurs.  If you get a letter from court, immediately file your DMV appeal if you think you have grounds to do so in good faith.  Then, if serious about hiring counsel to help in this, and if the charges are in SoCal courts, feel free to contact me.  I'll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.  BTW:  I absolutely guarantee you did not blow a  1.0.  That is about double the highest level ever recorded in a living person.  Death generally occurs around .50.  You probably mean .10, which is above the legal presumptive limit of .08

Jason Savela · Answer

if you got to drive away from DUI stop, you did not get a DUI -  but strange things happen - and if the cop gives you a ticket later, then you will have to fight it  In response to your DUI Questions:  I am a criminal defense attorney that focuses on DUI cases.  If you would like to discuss your case, please contact me.    Some important information- If you have been served with a Notice of Revocation, then you have 7 days to request a hearing.  Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing.  They will give you a form.  DO NOT REQUEST THE OFFICER.  We can do that later if we choose to, but most often it means you will lose.  The receipt DMV gives you allows you to drive until the day of the hearing.    Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.

William Spern · Answer

What 15 day window? As well, if you blew a 1.0 you be dead. 1.0 means you had 100% alcohol in your system. I assume you blew a 0.1 or a 0.01. If 0.1, you should have been charged with DUI. If 0.01, you were let go because that is not a violation of the DUI statute.

Cynthia Henley · Answer

Your question does not make sense. First, the legal limit is .08.  Second, what do you mean you "left to go home"? You drove away while the cop was still investigating?  If so, you could have a charge of evading in a motor vehicle - a felony - as well.   Call a local bondsman to see if there are any warrants for your arrest.

Matthew Friedrich · Answer

Were you arrested?  I'm not sure about a "fifteen day window."  If you were arrested but did not receive a ticket, there is always the possibility that the police will seek a warrant through a local or county prosecutor's office.

Gregory Casale · Answer

I am a little unclear on your situation. Are you saying that you were pulled over, took the portable breath test (BT) at the scene and then the police officer (P.O.) allowed you to drive home after blowing a 1.0???  If that is the case, you got very lucky. The portable BT is not admissible as evidence in MA courts. If the P.O. didn't give you any field sobriety tests and the portable BT is inadmissible, then there is NO admissible evidence except the police officer's observations of your driving and demeanor at the scene. Those two things would never convict you, especially if he let you drive away from the scene. There is something very strange about your situation. If a P.O. knows that you are over the legal limit (1.0% on the portable BT), it is virtually unheard of for a P.O. to then let you drive away.  If this did in fact happen like this, you are the luckiest person in MA. You will NOT be charged with anything. Can you image the cop answering questions on cross examination? "So, officer, you believed my client was intoxicated, correct?" - Yes "But you then let him/her drive from that location, correct?" - Yes  The cop cannot say that he thought your ability to drive was impaired and then he let you drive away. You should be fine.

Randall England · Answer

If you are referring to the Form 2385, that the police gave you, the "fifteen day window" in Missouri is the time between a DWI arrest and when they suspend or evoke your driver's license (based on upon probable cause that you were driving a vehicle while your blood alcohol level was over the legal limit).  This is not a criminal case but rather an administrative matter. The DWIif filed will be a criminal case and is separate from this administrative suspension or revocation.  It does not matter whether you get charged with a DWI or not, you still have just fifteen days to request a hearing with the Department of Revenue. If you do not request the hearing you will lose your license after fifteen days.  If this is your situation, talk to a criminal lawyer immediately. And read the Form 2385 that the cop gave you (NOTICE OF SUSPENSION/ REVOCATION OF YOUR DRIVING PRIVILEGE). It spells things out pretty well.

John Schleiffarth · Answer

If the police officer had your license number and you blew a 1.0 I doubt he let you off the hook. I suggest coming in for a consultation. We can check on whether or not you were charged, and discuss representing you to reduce the consequences.

James Gandy · Answer

You must have been lucky.  BUT, there is NO possible way you blew 1.0.   You must have blown .01

Jeffrey Salberg · Answer

I assume the officer had you take a portable breath test.  I also assume that if the officer thought you were over .08 or impaired in any way, he would have had you perform field sobriety tests.  Maybe he checked your eyes (Nystagmus).   If he let you drive home, the officer made the decision not to arrest you (or charge you) for driving under the influence.  If you were ticketed, you only have 10 days to request a DMV hearing to try and stop the automatic suspension of your driver's license.  Not 15.

Steven Alpers · Answer

I would bet that you were charged, check with the court nearest you which handles misdemeanor. If the 10 days have not expired I would request a hearing on your driver's license suspension.

Gary Moore · Answer

A .10 reading means a dui ticket. The officer has a year to issue the ticket, but normally he would have arrested you on the spot and charged you.

Michael J. Breczinski · Answer

Assume you got a DUI charge and consult with a lawyer.

Leonard A. Kaanta · Answer

if yoy did not get a ticket, you weren't charged at the time. But the prosecutor may leter charge you.

Dennis P. Mikko · Answer

If you were left to go home and there were no other facts, it is likely that you got lucky.  However, charges could still be brought.  You should be contacted if charges are brought.

Stephen Freeborn · Answer

Not sure what you mean about a 15 day window.  If you think that they only have 15 days to file your case, you are mistaken.  The case may still be under investigation or has been sent to the prosecutor for filing.  At this point, I would not say you are "lucky".

John Brennan · Answer

It appears you were very lucky, lay low, if this is in Michigan the policeman, for some reason, must have determined not to cite you.

Jeff Yeh · Answer

You were lucky, and it is 10 days, not 15. You should speak to a DUI specialist, who can protect your license. If you are a minor, even 0.01 could get you in trouble with the DMV.

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How do I find out if I was charged for DUI without losing the fifteen-day window?

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