If I was arrested for a DUI but did not perform any of the administered sobriety test can I still be fully charged with a DUI?

Asked over 4 years ago - Columbus, GA

If so what are generally the lightest and harshest punishments handed down?

Attorney answers (3)

  1. Marko Ludvik Burgar

    Contributor Level 8

    Answered . You can still be charged with DUI (what is commonly referred to as "less safe" DUI or a section (a)(1) DUI), even though you did not participate in the field exams. Of course, it is generally more difficult for a prosecutor to successfully charge you with DUI if you did not participate in the voluntary field exams, and it certainly opens up a broader range of possible defenses to the charge, but it is not impossiblle to be charged.

    As far as sentences are concerned, it will all depend on the court involved and your history.

  2. Jack Ira Klein


    Contributor Level 14

    Answered . As my collegues have stated you will/may be charged as DUI 'less safe' depending upon jurisdiction if convicted, 40 hours community service,12 months probation, A&D evaluation/Treatment, fine, 24 hours minimum in custody, Unless it is reduced to a Reckless.

  3. Mitchell Mead Wells

    Contributor Level 12

    Answered . "Probable Cause" is all that is needed for a charge to be issued, which does not take much.

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