QUESTION
What will happen if my girlfriend and I was pulled over and we both failed breathalyzer test?
Asked on May 31st, 2013 on DUI/DWI - Georgia
More details to this question:
My girlfriend was pulled over with me while she was driving my car. The cop gave her and I both breathalyzer tests and we were both over the limit. The cop checked registration which was valid then asked us to park the car and find a safe way home which we did. No citations or paperwork in anyway were filed and he took off pretty quickly. The entire incident was over in about 5 minutes. Is there any reason this can come back and bite us in the ass?
9 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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It is possible that the driver of the vehicle may get a citation in the mail for a DUI. This is only a possibility.
Answered on Jun 03rd, 2013 at 12:10 PM
Geoffrey MacLaren Yaryan
Its hard to believe a cop in California would actually release someone they had reason to believe was driving under the influence. They would certainly lose their job if anyone found out. However, it he got your girlfriends name and drivers license number then I suppose it could be filed later, but the circumstances are very strange and seem unlikely.
Answered on Jun 03rd, 2013 at 12:10 PM
You both need to hire a DUI specialist, and do it soon because you each have only 10 days to save your license.
Answered on Jun 03rd, 2013 at 12:10 PM
Michael J. Breczinski
I would think that the cop gave you a break. If he was going to charge you then you would not have been let go.
Answered on Jun 03rd, 2013 at 12:09 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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This is a weird situation, I have never heard of law enforcement testing a driver and a passenger, and then releasing both without citations. It seems from the outside as if you both got a "get out of jail free" card. If you find that charges of any nature are filed against either of you, I encourage you to consult a DUI lawyer in your area.
Answered on Jun 03rd, 2013 at 12:09 PM
Litigation Attorney serving Charleston, SC
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The Falk Law Firm, LLC
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It is unlikely that anything will happen. I assume you took a roadside breathalyzer test as opposed to taking the test on the DATAMASTER unit at the station. At most only the individual that the officer saw operating the vehicle can be cited for DUI, and even then it would be likely that the charge would be dismissed.
Answered on May 31st, 2013 at 10:39 AM
James Edward Smith
No. Something more important came up.
Answered on May 31st, 2013 at 10:39 AM
1 Award
Since he has your names, yes, a ticket could be issued in the mail. Whichever one of you was driving could be facing a DUI charge.
Answered on May 31st, 2013 at 10:39 AM
Benjamin Echols
Probably not. The cop was especially forgiving. Just be patient, but it is probably all over.
Answered on May 31st, 2013 at 10:39 AM