Can you be charged for a DUI after the fact if no Breath, blood or urine test were taken and the officer let you go?

Asked over 2 years ago - West Palm Beach, FL

I was pulled over by a cop I had a 2-3 drinks that night ( i had just graduated from college) long story short the officer asked if I was drinking and asked me to do some field sobriety tests. He did not give me any other tests no breath test, no blood, and no urine test. After some time he asked if i had someone to pick me up or go to jail. He was very serious but he saw i just graduated. My friends picked me and my car up and that was it. can i still be charged for anything if the cop thought i was impaired but no chemical tests were done? or am i just lucky he let me go?

Attorney answers (3)

  1. Michael M. Hawkins

    Contributor Level 9

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    Answered . Can you be charged? Yes - it does not take much to charge someone with DUI. Will you be charged? Not likely. If you were going to be charged it would have done by now. Once a person is cited by the police for any crime other than a minor traffic violation, a prosecutor (the state's attorney) reviews the evidence and determines what charges to file in court. I cannot imagine a prosecutor who would file a DUI charge based upon the facts of your case. I think you are just lucky he let you go. Use it to your benefit - next time you have a few drinks don't put yourself in that situation - sounds like you used your get out of jail free card!

  2. Steven George Lavely

    Contributor Level 10

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    Answered . Your lucky. Congratulations on your graduation. Your in the clear. Www.lavelylaw.com. (877) experts

  3. Philip Daniel Hache

    Pro

    Contributor Level 16

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    Answered . Although it may be possible to get charged, based on what you wrote, very unlikely (and at this point without BAC levels, no refusal issue, and the fact that he let you go, they wouldn't have much ogf a case against you).

    Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This... more

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