QUESTION
Can I be charged with a DUI after the fact with no positive tests?
Asked on Mar 20th, 2014 on DUI/DWI - Colorado
More details to this question:
I was at a bar for a few hours. I only had a couple beers and had none the last hour or so I was there. I was not under any influence. The new bartender came in and when I got up to leave, she rudely told me I hadn't paid my tab. I had paid the tab already and showed her the receipt and we kind of got into it because she was horrible accusing me of stealing. I told her off and left. She called the police on me. There was a police car waiting at the end of my street when I got back. While next to my door and on my porch, I answered a few questions to him about what happened saying I paid my tab, she was rude and I told her off and left. Then I went inside my home. He did not ask me to do tests or anything. The interaction was very brief and I was home and went inside. No BAC tests were done (no field sobriety tests were done) and the cop never even asked me to do one. He just left after I went inside my home. I did have a bar tab but I had bought drinks for other people so it wasn't all for me. Again the police officer left and it’s been a few days. Can they charge me after the fact? Thanks.
5 ANSWERS
Michael J. Breczinski
It does not sound like they collected any evidence for such a charge, ( like breath or blood tests or field sobriety tests.) They probably will not do anything.
Answered on Mar 24th, 2014 at 11:01 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Without tests, probably not.
Answered on Mar 21st, 2014 at 8:17 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Of course they can. What would bar or prohibit police from filing a criminal complaint, no matter how weak? Citizens are receiving what they voted for, police agency's are making their own laws and rules since they know Obama Justice Department will not take action.
Answered on Mar 21st, 2014 at 8:17 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes, you can be charged after the fact.
Answered on Mar 21st, 2014 at 8:17 AM
3 Awards
Possible but highly unlikely in those circumstances. In response to your DUI Post: I am a criminal defense attorney with more than 15 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Answered on Mar 20th, 2014 at 12:38 PM