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In Florida, 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?

Boca Raton, FL |

I stopped at a parking lot of state park for a moment, it was after hours. I was with my friend. A cop & ranger approached me to see why i was there and the cop said he smelled alcohol. He asked to check my car (i agreed and there was nothing in there) & asked if i was drinking(i told him i had a drink or two that night). Long story short He then asked me to do some field sobriety tests. He did not give me any other tests No breath, No blood, & No urine test. After some time he asked me if i had someone to pick me up or go to jail. (He saw i just graduated from college) He did not give me any tickets & he did not arrest me but. My friends picked me & my car up and that was it. I coroperated with the officer, can I still be charged with anything? or am I lucky he let me go?

Attorney Answers 3

Posted

You are extremely lucky that he let you go.

You admitted to consumption, you had the odor, you performed the field sobriety tests. An officer can charge DUI based upon his reasonable suspicion that you were impaired while operating, or in "physical control," of a vehicle, therefore the officer must have been pretty satisfied with the field test results and your overall demeanor.

While it is possible to be charged for as long as the statute of limitations allows, it is very unlikely to be let go and then arrested for DUI if no blood or urine was taken. So, the answer to your question, technically, is "yes." However, the only evidence of your possible impairment is the officer's memory and testimony and any video of the testing you performed that may exist. Given those facts, the most realistic answer is "no."

If you hear about this again, don't speak with anyone about the facts except a lawyer. You would have a defensible case if you were to be charged.

Consider yourself extremely fortunate (you really have no idea how intrusive, expensive and stressful a DUI accusation from an officer can be, even if eventually exonerated). Stay away from areas that invite suspicion, don't drink and drive. Congrats on the college degree.

The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca Law Firm, PA. Please consult with a lawyer in order to obtain confidential legal advice that is tailored to your specific situation and facts.

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1 comment

Asker

Posted

The officer took a photo of me from the front and the side with his iPhone. Does that mean anything?

Posted

You are very lucky he let you go. What a story. The State will have a hard time with charging you at this stage. You may need to hire an attorney if they do charge you. You were given no tickets, and if he wrote one out for DUI, he should have given it to you. He also had the opportunity to give you a notice to appear, but didn't.

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10 comments

Asker

Posted

So i should be ok because he didn't give me An appearance for court or a DUI Ticket?

Asker

Posted

And I there a timeframe they have to make any charges?

Robert Jason De Groot

Robert Jason De Groot

Posted

the charges should have been made right then and there, but they were not. they would have 1 year, but I think it is highly improbable that anything will happen

Asker

Posted

thank you for your help. I really appreciate it

Asker

Posted

Also the officer took a photo of me from the side and the front with his iPhone... what does that mean?

Robert Jason De Groot

Robert Jason De Groot

Posted

It means that he took a photo, that's all.

Asker

Posted

can he use that against me in anyway?

Robert Jason De Groot

Robert Jason De Groot

Posted

Well, he has two pictures of you. He could use them against you, but as has been previously divulged, we, and I am not alone, don't think you will even be charged. It could happen, but is very improbable. Stop thinking about it, you got very, very lucky.

Asker

Posted

Thanks

Robert Jason De Groot

Robert Jason De Groot

Posted

Oh, they have 2 years to charge you, not one as I previously mentioned.

Posted

I agree, you got lucky. It is possible you could get charged in the future. Review my webpages to see if it answers any more you questions you may have. Good Luck.

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