QUESTION
Can I be arrested and charged with DUI when the blood test results come back even if I was not arrested?
Asked on Dec 25th, 2013 on DUI/DWI - Michigan
More details to this question:
I was found asleep in running parked car. Failed field sobriety test. Was taking to local hospital for blood test. Then taken home by officer and never arrested. He said results will be in 3-4 weeks. Can they arrest me then if I fail test for GHB?
5 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, to all of your questions. See and attorney and make not admissions until you have received counsel.
Answered on Dec 26th, 2013 at 10:10 PM
1 Award
Yes, it is possible you could be arrested or charged based on the blood tests. You have some good arguments to avoid a conviction, however. You were found in a parked car. A jury might find you not guilty for DUI based on that information. Hire a lawyer, such as me, immediately and do not talk to the police without the lawyer present.
Answered on Dec 26th, 2013 at 10:09 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Yes but you have a good operating defense.
Answered on Dec 26th, 2013 at 10:08 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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Yes! You can. Consult with an experienced OWI attorney to confirm all your available defenses. You MAY have some grounds to fight because you were in a parked car (the fact that the car was running doesn't help, though).
Answered on Dec 26th, 2013 at 10:07 PM
Michael J. Breczinski
Yes is the simple answer.? The car was running.? In most States that constitutes "operating".
Answered on Dec 26th, 2013 at 10:07 PM