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Can I be charged with a DUI after I had been home for several hours?

Grand Rapids, MI |

My boyfriend and I were having supper with friends one evening and I drove us home, we started to argue on the way home and the argument escalated after we entered the house. The argument became physical and my boyfriend hit me in the face, causing my lip to bleed. I was very upset, my boyfriend went to sleep and I was crying heavily, my mom called me and was very worried, although I told her everything was alright, she called the police and then several police officers arrived at my home. I answered all of their questions honestly, then they had me take a breathilizer and I was slightly over the legal limit. When I didn't give them enough to take my boyfriend to jail for domestic charges, they charged me with a DUI, no witnesses, just on my telling them I had driven earlier in thenight

Attorney Answers 3


Yes, they can charge you with DUI. However, a charge is nothing more than the government's accusation that you did something wrong.

The fact that several hours had passed between the time of your driving and the time of any chemical test of your breath, blood, or urine, may provide a strong defense to the charges.

In Michigan, it isn't a crime to be intoxicated after you drive. However, the law provides the government with a presumption that your blood alcohol at the time of the test is the same as it was when you were driving. Because of this presumption, you need an attorney that understands Michigan's OWI law and the science behind breath alcohol testing.

Feel free to call me at 877-MICH-DUI or 989-283-1300 to discuss your options.


This is provided as general information. No attorney-client relationship has been established. This information may not be appropriate for the facts of your particular situation. You should consult with an attorney before taking (or failing to take) any action based on this information.

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While it is certainly possible for the state to file OWI charges against you, it is still a long way to a conviction. I would suspect that the state is going to try to demonstrate by way of extrapolating backwards that you must have been drinking, and over the legal limit when you operated the vehicle since you were still slightly over the legal limit when the officers tested you. Your statements are considered admissions and can be used against you in any trial. Probably what will hurt your possible defense the most will be if you denied having anything else to drink after getting home. If you remained silent as to that the state would have a difficult time establishing that the B.A.C. reading the officers obtained was from having been drinking at the restaurant, or from when after you got home. You are almost certainly going to need to obtain the services of an experienced criminal defense attorney.

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You definitely need to retain a lawyer on this one. It would appear that charges have been brought in an attempt to gain leverage for your cooperation in a case against your boyfriend or in retaliation for your refusal to cooperate with police in a case against your boyfriend. Nevertheless, your statement that you drove earlier in the evening can and will be used against you in the government trying to prove its case. Just because they didn't see you drive doesn't matter, if you admit to having done so. The BAC also can increase after you have driven, but the presumption is that the amount in your blood at the time of the breathalyzer is the same as when you were driving. You also don't mention if, after your boyfriend retired for the evening, you consumed additional alcohol, which would be very important to the analysis. Good luck.

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