QUESTION

Will I be charged with a DUI after the fact?

Asked on Jan 19th, 2013 on DUI/DWI - Texas
More details to this question:
I was pulled over for running a stop sign and I had an open container in my vehicle. The cop then went ahead and gave me FST. After that, they said they would only cite me for running the stop sign and open container. Then, they tricked me into taking the breathalyzer (which in hindsight I shouldn't of done, blew a .13) by saying they would drop the ticket if I took the breathalyzer. They said it was for training purposes. I was then released and took a cab home. What are the chances I receive charge for DUI through the mail? Can anyone give an opinion on this situation and if there is anything an attorney can attest to?
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3 ANSWERS

Criminal Law Attorney serving Worcester, MA at Gregory Casale, Attorney at Law
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There is nothing you can do at this point but wait to see what happens. However, if you do get a charge of DUI contact an attorney and explain what you have posted here online. The police must provide you with certain rights before giving you a breath test and it certainly doesn't sound like they were given. If you get the DUI charge call me or another attorney as soon as you receive it.
Answered on Jan 24th, 2013 at 8:59 PM

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Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
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Yes, it is very likely they will cite you for a DUI now. Make sure you address is correct with the Drivers License Division so if they suspend your license, you know about it. Hire an attorney to help you.
Answered on Jan 23rd, 2013 at 6:35 PM

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Drug Charges Attorney serving Houston, TX at Cynthia Henley
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The results of the portable breath test are not admissible in court so they have no evidence with that. I'm really surprised that you were not arrested, but it is unlikely you will be arrested now since they let you go.
Answered on Jan 23rd, 2013 at 3:50 PM

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