QUESTION
Have been pulled over for a DUI, put the handcuffs and told me to sit, didn’t take to jail does it still consider an arrest?
Asked on Dec 05th, 2012 on DUI/DWI - Michigan
More details to this question:
Have been pulled over for a DUI, put the handcuffs n told me to sit in d police car. Office didn’t take to jail. I blew 0.07. Then told me to call a friend and pick me up. Few months later I got to hear DA didn’t file the case. So my question is putting handcuffs on me does it still consider as an arrest? Does it going to stay in my record as DUI.
6 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Would have to see if there is a publicly available arrest record. It appears clear there is no conviction.
Answered on Dec 06th, 2012 at 2:53 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You can be arrested without being charged and this is what sounds like happened to you. Convictions is what appear on your record and unless you pled guilty or was found guilty at trial, then you have no conviction. Since the PBT showed you at the legal limit, my guess is it sounds like they decided to let you go without charging you. You would have at least received a citation for a DUI if they charged you.
Answered on Dec 06th, 2012 at 2:41 AM
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No, it should not appear on your record as a DUI. To appear as a DUI, you would have gone to court and either had to plead guilty, or be convicted in trial. It might appear as an arrest on your record. That depends entirely on what the officer entered in his paperwork and into his computer. You can request your criminal record from the state and if it appears you can request that it be expunged so that it can't hurt you.
Answered on Dec 06th, 2012 at 2:20 AM
You do not have either an arrest or a DUI on your record from this incident.
Answered on Dec 05th, 2012 at 11:39 PM
Criminal Attorney serving Silver Spring, MD
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Sanabria & Associates
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The police can put you in handcuffs to investigate the scene, specially if they believe you to be intoxicated. Your criminal records should not reflect this, because you were not processed. In order to make sure, you can obtain your criminal record from the local police department or online.
Answered on Dec 05th, 2012 at 11:35 PM
Michael J. Breczinski
Being arrested is not a record. Being convicted is. You have no conviction.
Answered on Dec 05th, 2012 at 3:00 PM