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How long should I worry about being charged with DUI after a single car accident?

Wilmington, DE |

I was in a single car accident exactly one month ago today. I was recently diagnosed with Diabetes and had not had any alcohol for about nine months, my wife relayed all of this to the State Trooper the night of the accident. I was drinking, It was raining and icy and I slid into a guardrail and flipped my car. I was taken to the hospital and x-rayed and cat scanned. I also had blood taken and it was over the legal limit. I was given a ticket for careless driving, which I have already paid. I was never arrested or charged with any crime. I have not received anything in the mail to date. I was released the following morning, and have not heard anything since. Should I just go about my life until I hear something?

Attorney Answers 3


If the hospital and not the police took your blood, and if the hospital took your blood for treatment purposes and not because the police requested it, the hospital probably would not have reported the blood alcohol results to the police. It sounds like the police officer just decided to write you up for careless driving.

However, it would be worth your while to have a consultation with a good DUI attorney in your location even if you have to pay for it. The consulation would accomplish two things. First, it would answer your question with local and specialized knowledge which is essential for a good answer, and secondly, if you like the attorney, you'd know who to call in case a DUI charge comes out of this.

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I am a Delaware attorney. In my experience, it can take a while for blood toxicology results to come back from the Office of the Chief Medical Examiner, which analyzes blood samples for the police. I'm not sure how you know that your blood test came back over the legal limit, because unlike a breathalyzer test, a blood test acceptable for use in court involves more steps.

It is a little surprising, however, that you haven't heard anything yet. Perhaps your blood-alcohol content was not over the limit. If the police do decide to charge you, you will receive a notice to appear in court in the mail. Until then, you can indeed go about your life.

If you are in fact summoned to appear in court, I would be happy to discuss this case with you further.

DISCLAIMER: The above is for informational purposes and no attorney/client relationship is intended or implied. Such a relationship can only be established through the signing of a retention/fee agreement.

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Wait to see if you get any type of notice from the Court. If you do, you should consult with a local DUI attorney.

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