QUESTION
What can I do if I had blood test done for DUI without a ticket issued?
Asked on Jan 10th, 2013 on DUI/DWI - Michigan
More details to this question:
I was involved in a single car accident and was taken to the hospital. There I had my blood drawn for possible dui. They have no proof I was in the drivers seat and no credible witness. No ticket was issued at the scene and its been almost two months. How much longer before I should start feeling a little easier and how long do they have to issue the ticketPs. I hadnt been drinking for close to two hours just fell asleep at the wheel so maybe my bac was under .
6 ANSWERS
Michael J. Breczinski
Well I would have someone check to see if any case was filed at the court house. After that if there is no case periodically check about it.
Answered on Jan 14th, 2013 at 7:05 PM
You have the kind of case where an attorney can dispute the facts. The prosecution has the burden of proving your guilt beyond a reasonable doubt. If they cannot prove that you were driving, they cannot prove that you drove under the influence of an intoxicating substance. Witnesses who can testify that you were not driving would be helpful.
Answered on Jan 13th, 2013 at 8:09 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Up to 6 years. I doubt you will be spared the prosecution. Hang in SNF get a lawyer if you get the charge.
Answered on Jan 13th, 2013 at 8:07 PM
Contact an experienced DUI defense attorney as soon as possible. You may still be charged with OWI or even Impaired Driving if your BAC was under the legal limit. It sounds like you may have some viable defenses to the charge that need to be examined and presented the the prosecutor and potentially the jury.
Answered on Jan 13th, 2013 at 8:01 PM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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An OWI is a criminal matter so whether a ticket is issued is not important. The complaint is the legal document that initiates the action, not the ticket. As to how long this might take depends very much on the police agency and prosecuting attorney involved. In some jurisdictions you may already be in the clear. In others, these matters take more time.
Answered on Jan 13th, 2013 at 8:00 PM
Collections Attorney serving Okemos, MI
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Cindy Mannon, Attorney at Law
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Blood results can takes several months to come back due to back log at Michigan State Police lab. It may not be over yet. If your driver license had correct address, you will be notified if they want to prosecute you. If it is wrong, you may want to call the court and ask if they have a file on you. If your bac was lower than .08 they may not do anything; however, with an accident, sometimes the prosecutor may still charge you with an Impaired because .08 is not the real legal limit. They can charge you with an impaired if it is under .08 and there is an accident.
Answered on Jan 13th, 2013 at 7:56 PM