QUESTION

Can I get charged for DUI without being pulled over?

Asked on Mar 28th, 2014 on DUI/DWI - Michigan
More details to this question:
I was taking my son home and the breaks went out in my truck (break line blew). I had to swerve to avoid hitting a car and ran a red light. I then received a letter in the mail stating I needed to call to make arrangements to turn myself in for DUI. Is this even legal?
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6 ANSWERS

Michael J. Breczinski
Well they can prove traffic violations but can they prove that you were driving. DO NOT MAKE ANY STATEMENTS TO THE POLICE. They will use them against you. Get a lawyer and fight. They probably will not be able to prove the drunken part.
Answered on Apr 01st, 2014 at 6:25 PM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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It sounds very odd if they don't have an admission, eyewitness or blood or breath testing. Hire an attorney ASAP.
Answered on Apr 01st, 2014 at 6:24 PM

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Criminal Law Attorney serving Royal Oak, MI at James S. Lawrence
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If they have a warrant against you, then it is legal for them to ask. You do not have to comply, however, failure to comply might result in them arresting you, and you facing a higher bond than you would have if you turn yourself in. VERY IMPORTANT. When you turn yourself in, do not answer questions. You can give name address phone. You should not answer anything else. Especially whether you were drinking, or who you were with that night, or do you know this person, etc. Also, if there is a warrant against you, it can be more convenient to go to the district court one morning during the week (not Friday) and turn yourself in there to be arraigned there. If the officer says he saw you driving, that is not exactly proof of drinking. Your actions can be viewed as legal, as long as they have no proof of drinking.
Answered on Apr 01st, 2014 at 6:24 PM

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Guess they can allege and charge you with anything but it is up to them to prove it in court. hire a lawyer before you go in and DON'T SAY ANYTHING...even if they arrest you SAY NOTHING. They are likely hoping you will slip up and admit to something.
Answered on Apr 01st, 2014 at 6:24 PM

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Collections Attorney serving Okemos, MI at Cindy Mannon, Attorney at Law
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I have never heard of this. Did a police officer give you a ticket? Were you given a pbt? Were you taken to the police department and given another breath test to see if you were intoxicated. If not, something is seriously wrong. I would still hire a local attorney in your area to represent you.
Answered on Apr 01st, 2014 at 6:18 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It is impossible to answer your question as posed without more knowledge of the precise circumstances. You clearly need an attorney as the fact is that they are charging you. I would confer with an attorney before you voluntarily turn yourself in or make any statements.
Answered on Apr 01st, 2014 at 6:13 PM

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