QUESTION
Can I be charged with DUI if the incident is more 15 days ago?
Asked on Apr 22nd, 2013 on DUI/DWI - Michigan
More details to this question:
I got pulled over speeding. I did have a (singular) drink that night, so by no means anywhere close to limit (to my knowledge). I did receive a ticket for speeding, but prior to that, the officer did ask a few times if I drank (I suppose I did smell like alcohol). He was by no means angry or mean, but is this something I should worry about?
8 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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If you were not arrested and did not provide a sample of your blood or breath (I assume this is California) it will be very difficult for law enforcement to make a case that you were driving under the influence. If you were given a court date you should attend, if charges are filed you should hire an attorney.
Answered on Apr 25th, 2013 at 7:49 PM
Michael J. Breczinski
If they did not take you down and do sobriety tests or breath tests for alcohol and never asked you to take the tests then get a lawyer and fight the speeding ticket.
Answered on Apr 24th, 2013 at 9:57 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Yes, and yes.
Answered on Apr 24th, 2013 at 2:00 PM
3 Awards
No
Answered on Apr 24th, 2013 at 2:00 PM
Police have up to 1 year to charge you with a misdemeanor. If he was going to give you a ticket for DUI, he would have done it on the spot, so I think you have nothing to worry about.
Answered on Apr 24th, 2013 at 1:59 PM
Criminal Defense Attorney serving Chapel Hill, NC
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The Law Office of Lynn Norton-Ramirez, PLLC
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You definitely need to speak to a lawyer. If you signed the citation and then failed to appear, the case can be validly charged but the officer/evidence may no longer be available. Statute of limitations and speedy trial motions may exist.
Answered on Apr 24th, 2013 at 1:58 PM
Litigation Attorney serving Charleston, SC
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The Falk Law Firm, LLC
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I would not anticipate an arrest for DUI. The officer did not obtain any information at the scene in order to support the charge, i.e. he did not conduct a field sobriety test, you did not submit to a breath test. If he did issue a DUI citation, I would anticipate that you would be able to have it dismissed swiftly.
Answered on Apr 24th, 2013 at 1:58 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, you would have been charged at the scene.
Answered on Apr 24th, 2013 at 1:56 PM