A drunk driver ran a stop sign and totalled my vehicle. I was barely over the limit however was not charged with DUI. Can I be

Asked over 4 years ago - Tucson, AZ

Driving home after several beers over several hours, I was t-boned by a drunk driver that ran a stop sign. I was very forth coming with the officers as I did not believe I could be over the limit. At the hospital the nurses took blood and gave it to the officers. No one asked me for consent. Turns out I was a little over the limit. I was not charged or arrested. I believe that they could still come back to me on this. How long do they have to charge me and is it likely that I will be charged even though I'm a victim.

Attorney answers (2)

  1. Gil Shuga

    Contributor Level 10

    1

    Lawyer agrees

    1

    Answered . It is very likely that you will be charged with DUI in spite of the fact that your were the victim in the crash. And they may take up to 6 months to do that. If you do get charged you really should consult with an experienced DUI lawyer in Tucson.

    28-1592. Commencement of action
    A. A civil traffic violation case is commenced by issuance or filing of a uniform traffic complaint as provided in this article.
    B. A civil traffic violation case shall be commenced as follows:
    1. If a case is commenced by issuance, it shall be issued within sixty days of the alleged violation.
    2. If the case is commenced by filing, it shall be filed within sixty days of the alleged violation and shall be served within ninety days from the filing date.
    3. Except as provided in paragraph 4, within one hundred eighty days of the alleged violation if the alleged violation is under investigation in conjunction with a traffic accident.
    4. Within one year of the alleged violation if the alleged violation is under investigation in conjunction with a traffic accident resulting in death.

  2. Theodore W. Robinson

    Contributor Level 20

    Answered . Yes, I agree with the first answer. It is likely that you will be charged with DWI since your blood test showed you over the limit. On the other hand, you may have an opportunity to question the "consent" issue since apparently nobody asked you to take a breath test.

    Consult with the best DWI attorney you can find in your locale and fight this one.

    Good luck.

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