QUESTION
Can I be charged with DUI if had a collision and I said I had alcohol early that day but they did not do a field test?
Asked on Oct 14th, 2013 on Personal Injury - Michigan
10 ANSWERS
Ronald A. Steinberg
Probably not. You could be charged with impaired driving if you were driving erratically due to the consumption of alcohol.
Answered on Oct 17th, 2013 at 7:39 AM
Michael J. Breczinski
You could be charged but they may have a problem convicting you. Get a lawyer.
Answered on Oct 17th, 2013 at 1:37 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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You can be charged. Were you? Did the cop give you a citation? The question is, if you weren't given a chemical test, how can they prove you were under the influence at the time you were driving?
Answered on Oct 16th, 2013 at 1:13 AM
Edwin K. Niles
Yes, but it?s extremely unlikely.
Answered on Oct 15th, 2013 at 1:49 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Merely because you admitted to drinking earlier in the day does not constitute sufficient evidence to convict you of DUI. If they did not do a breathalyzer or take blood from you, you're home clear.
Answered on Oct 15th, 2013 at 12:35 PM
2 Awards
Yes, you can be charged with a DUI. The real question that you want answered is can the government make it stick. You need to consult with a local DUI attorney to see what kinds of defenses that you would have to the charges. There are many good DUI attorney's that will meet with you for a free initial consultation to review your options.
Answered on Oct 15th, 2013 at 12:19 PM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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If the officer did not do a field test and you did not take a breath or blood alcohol test , and you were not arrested ,you probably won't be charged with DUI. The decision to charge you will be made by the state attorney's office. If they feel they don't have enough evidence they may not charge you with DUI ,but they will probably charge you with some offenses related to the accident. In a civil case brought against you for any injuries in the accident that you had alcohol earlier in the day could certainly come up. If you are charged ,or if there were injuries you should consult a lawyer in the county were this occurred.
Answered on Oct 15th, 2013 at 11:13 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Yes, you can. but if they were interested in doing that it would have already been done.
Answered on Oct 15th, 2013 at 11:13 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, you can be charged, the question is if you can be convicted.
Answered on Oct 15th, 2013 at 10:32 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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They will need some kind of chemical test to determine your blood alcohol level. Theoretically, they could pursue impaired driving if the evidence is so overwhelming that you appear drunk. However, that is rare and probably not likely.
Answered on Oct 15th, 2013 at 9:42 AM