The man who hit me was about 25 years old and his level of intoxication is clearly stated in the police report as .162. I spent several hours talking to the police about why this was and they claimed that since no officer had suspicion of him drinking that he couldn't be charged. Is this true?
Personal Injury Lawyer
No it isn't true. It is also possible that the officers in the hospital were not aware of what was happening back at the station with regard to pressing charges.
I anticipate a question on AVVO soon: "I was not arrested at the scene of the accident, can they send me a summons a week after the accident charging me with DUI based on the hospital blood test?" The answer to that one will be yes.
If he was driving and if he had a .162 shortly after, the police are not doing their job if this operator is not charged.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
Lawsuit / Dispute Attorney
Contact your McHenry County State's Attorney.
Let him know your concern.
Good luck to you.
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Criminal Defense Attorney
Generally, depending on the jurisdiction DUI charges are treated diffrently. It very well may be, as previously stated, that he will receive a summons in the mail at a later date to appear in court.