QUESTION
Will the police report me as drunk and charge me with DUI if I tested .02 on the breathalyzer?
Asked on May 04th, 2013 on DUI/DWI - Michigan
More details to this question:
I got into an accident. The other party called the police to report. I had little bit of alcohol left in my system and police found out. So after the report the police let go the other party and I was tested with breathalyzer. I did not see the reading but the police said my level was .02 and let me go. But is it possible for the police to report that I was drunk and charged me with driving under the influence? Also, on the report will the police report me as intoxicated?
3 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Possible? Yes, anything is possible. Probable? No. If you were not cited at the scene of the accident for a DUI, then the chances of you being cited later on are extremely small.
Answered on May 08th, 2013 at 5:56 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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If you are under 21 you may face charges relating to your blood alcohol concentration being .01 or above. If you are over 21, it is unlikely you will face any alcohol related charges. the DA may file charges depending upon the accident and officer observations but it doesn't seem likely if you tested .02.
Answered on May 08th, 2013 at 5:51 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The police report will most probably provides that there was some alcohol present in your system but that it was under the limits. Unless there are other circumstances which you did not relate, you should not be charged with a drinking and driving offense. You should take all of the details and speak with an attorney regarding this situation.
Answered on May 08th, 2013 at 2:05 AM