QUESTION
Can I still be charged if I was not arrested for DUI?
Asked on Oct 28th, 2013 on DUI/DWI - Michigan
More details to this question:
I was pulled over for speeding and was mildly inebriated. According to the officer, I passed the FSTs, however a bit shakily, and I blew a .062 on the breathalyzer. He did not arrest me, however, he did inform me that he could if he deemed that I was incapacitated. He cited me for the speeding and also for out of state plates and license (which I'm contesting in court, since I'm a student), and let me go. Rereading my citation, there is no mention of the impaired driving incident. Basically, I'm paranoid that when I appear in court, the impaired driving will be brought up and somehow I'll be arrested or charged on the spot. Is that at all possible?
10 ANSWERS
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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You can still be charged.
Answered on Nov 01st, 2013 at 8:42 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Anything is possible but I feel unlikely given the facts you described.
Answered on Oct 31st, 2013 at 7:17 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You can be charged any time within the statute of limitations period. I would think that a judge would not have you arrested if you didn't have notice of any additional charges, but you may want to have an attorney on retainer just in case.
Answered on Oct 30th, 2013 at 6:20 AM
Michael J. Breczinski
They will probably not add any drinking charges. They would have taken you in and done more tests if they were going to do so.
Answered on Oct 30th, 2013 at 6:18 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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The charges could be amended to include DUI. However, because you were released, it is doubtful that you will be arrested when you appear in court.
Answered on Oct 30th, 2013 at 6:13 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Assuming you are over 21 you were not above the legal limit nor were you arrested, you should be fine on the DUI charge. If you are living in California you have to get a driver's license within 15 days of relocating here even if you have no intention of making it your residence.
Answered on Oct 30th, 2013 at 6:10 AM
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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Yes, you could be but is is highly unlikely. In North Carolina there are two ways you could be found guilty 1.) Blowing .08 or higher or 2.) If the officer can prove you were 'appreciably' impaired. Mildly inebriated could very well qualify as appreciably impaired. Count your blessings the officer gave you quite a break so don't go to Court and be a dick about the plates and license being a student doesn't exempt you from being required to get a license and registration within 60 days of moving to NC.
Answered on Oct 30th, 2013 at 6:09 AM
Yes you can. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Oct 30th, 2013 at 5:42 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It is possible but not likely from the facts you described. They would need some evidence of impairment or that your BAC was over the legal limit. Theoretically, they can always bring charges as long as they are within the statute of limitations, which is six years for a DUI.
Answered on Oct 30th, 2013 at 5:38 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Retain an attorney and explain all of the details, generally, if you were going to be charged with OUIL or OWI you would have been arrested on the spot. It is doubtful they will try to bring the charge now, and with an attorney representing you it should not be admissible in the other cases. If you are in Michigan you are welcome to call 586-778-0900 to engage my firm, and with additional information. and intended solely for the intended recipient(s). If you are not the named recipient you should not read, distribute, copy or alter this email. Any views or opinions expressed in this email are those of the author and do not represent those of the company. Warning: Although precautions have been taken to make sure no viruses are present in this email, the company cannot accept responsibility for any loss or damage that arise from the use of this email or attachments.
Answered on Oct 30th, 2013 at 5:13 AM