Can I be charged with a DUI/DWI? What will happen next?

Asked over 1 year ago - Monrovia, CA

I got into a car accident 2 weeks ago. It was early morning and I was tired because I suffer from sleeping problems. A car swerved into my lane, and to avoid from hitting them, I hit a wooden utility pole. The airbags deployed and front bumper was damaged. The cops came and breathalyzed 2-3 times and I blew 0.00 every time. However, they were unconvinced that I wasn't "on something" and even proceeded to ask my friend at the scene whether or not I did drugs through the span of our friendship. They wrote me for an "unsafe turn" infraction traffic ticket and let me go home. I am concerned with the fact that I may be falsely charged with DUI/DWI, and with the fact that I cannot seem to search up my case for the traffic ticket online anywhere.

Attorney answers (6)

  1. Adrienne Patricia Allen

    Contributor Level 15

    12

    Lawyers agree

    Answered . I'm not sure of the success of fighting the ticket since there is no other party involved to help prove the claim that they swerved into your lane. I agree it's not likely you will be charged with DUI. You would have been arrested at the scene. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . Highly unlikely with your 0.00 BAC, however, spend a couple hundred bucks for a local traffic court lawyer to fight the ticket.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  3. George Costas Andriotis

    Contributor Level 20

    11

    Lawyers agree

    Answered . Doesn't look like you could be charge with DUI for the crash based on those facts. I would also suggest getting a traffic attorney to fight the ticket.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  4. Richard Andrew Harting

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . This shouldn't be a concern. Show up with your passenger witness to contest the ticket - it will be highly unlikely the police will be able to prove their case beyond a reasonable doubt if you have a credible witness

  5. Charles K. Kenyon Jr.

    Contributor Level 19

    9

    Lawyers agree

    Answered . If they did not do any blood test, it is highly unlikely that you will be charged with a dui/dwi/owi/drunk drivivg/drugged driving.

    Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for... more
  6. Kevin Coluccio

    Contributor Level 20

    8

    Lawyers agree

    Answered . Based upon the facts you set forth, I would not think so, but, you should consult a local attorney.

Related Topics

DUI: An overview

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

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