QUESTION
Can a person get a DWI after the fact if someone reports the accident was caused by drunk driving?
Asked on Jan 03rd, 2014 on DUI/DWI - Michigan
More details to this question:
The person passed drunk and was in a minor one car accident. The cops were on the scene and sent him to the hospital in an ambulance. He smelled like alcohol so the ER doctor did a BAC, but it wasn't at the police's request. A family member told cop he was just overtired. Now this person was stupid and bragged about getting away with drunk driving again. He said the cops said NO CHARGES. He told a lot of people. What if someone reports what he's said to the chief of police? Can the police get his BAC results? Can he still be charged? This happened about a week ago?
4 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes, he can still be charged. At the hospital, they probably did a blood draw. By law, when there is an accident, a blood draw is required. I suspect that they may be waiting for the results of the blood test. Yes, he most definitely can be charged. He is also very stupid to be talking about it because, anything he says can and will be used against him.
Answered on Jan 08th, 2014 at 10:07 AM
Michael J. Breczinski
In order to use the test results, they have to do the blood draw in a certain way in order not to contaminate the results. The answer is probably not.
Answered on Jan 07th, 2014 at 5:56 PM
Criminal Law Attorney serving Columbia, SC
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O'Leary Associates, P.A.
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No charges would probably be made after this delay. Emergency Room doctor does not do a breath alcohol content test - they only do blood work.
Answered on Jan 07th, 2014 at 2:03 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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The police are able to obtain these results even though it is not appropriate nor is it constitutional. This person should contact a lawyer immediately and keep his or her mouth shut.
Answered on Jan 07th, 2014 at 1:56 PM