Can i be charged for the DUI after fact

Asked over 2 years ago - Justice, IL

I was pulled over and got two tickets one for "Improper lane ussage"and another " Illegal trans alcohol" I'm 27 y old and have no previous tickets.
Can I be charged for the DUI after fact? Because I did the BAC test at the place where I was stoped by officer and in my opinion I failed it. But I didnt received DUI from policeman and wasn't arrested that night so he just let me go
And can I still drive my car with the tickets I have recieved from officer, because police took my licence as a bond.
Thank you

Attorney answers (3)

  1. Ted Harvatin

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . Yes until you have adjudicated the other charges, the state can add them on. There is some authority for double jeopardy if you pay the tickets before they file charges. I would consult with an experienced traffic attorney in your area ASAP

  2. Charles Stanley Beach II

    Pro

    Contributor Level 8

    3

    Lawyers agree

    Answered . Is it possible to be charged later with a DUI? Yes. Is it likely to happen.... NO. I cannot speak for other counties, my practice is pretty limited to Cook and Chicago. However, for the most part you are in the clear for the DUI charge. As to driving... You are legal to drive at this point. The tickets act as your license during this time period. What is important now is that you make your court appearance and get disposition on the tickets that will not effect your license.

    Charlie Beach
    www.duichicago.com

  3. Daniel G. Galivan

    Contributor Level 17

    1

    Lawyer agrees

    Answered . The breath test you were given at the scene is a PBT (portable breath test); it is generally only admissible in court to establish probable cause for an arrest, or reasonable grounds to believe a driver is under the influence. Failing a PBT ususally results in immediate arrest for DUI. Since that didn't happen here, you likely passed. Although legally you could be still be charged, it is highly unlikely that will happen at this point. You can drive on the tickets until you get the DL back. Hire an experienced traffic/defense attorney though to handle the tickets: the first is a mover and the second will have costly consequences on your auto insurance if not handled properly in court. Most of us will provide a free consultation to you. www.galivanlaw.net

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