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In Pennsylvania when you get a DUI, if you are not arrested at the time of the incident, do you get arrested later or get mail?

Troy, PA |

I was not arrested at the time of the inceident. Will they come arrest me now or will I get something in the mail?

It was an accident and I am pretty sure they took blood when they checked me out at the hospital.

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Attorney answers 3


This is a bit unusual. When you are stopped you are usually asked to preform field sobriety tests. Depending upon how you do on those tests the police will either arrest you and take you for a test of blood breat or urine. ( Most often blood or breath) That is actually the arrest. If they didn't take you for a test of blood, breath or urine, I'd think that you are not going to be charged but I've been surprised before.

This information does not create an attorney /client relationship and should not be use or relied upon to make any decision in your case. Only consultation with your own attorney can provide you with the advice you need for your case.


Actually, many police departments will do blood or breath testing and then release you to a sober individual. You will then recieve a summons in the mail with a preliminary hearing notice and a criminal complaint. It would be very unusual for them to actually get an arrest warrant for you.


If the lab results come back and show that you were over the legal limit, you will receive a summons in the mail. It will come certified mail, so be sure to pick it up. If you do not pick up the certified mail, it can turn into a warrant (and then they will come and arrest you).

This, of course, assumes that no one else was hurt or killed as a result of this accident. If it is anything more serious than just a DUI (i.e., someone else was seriously hurt or killed in the accident), then it could be a felony and an arrest warrant would be issued.

If you are charged, you should seek counsel immediately.

This information is provided for general informational purposes only and does not establish an attorney-client relationship.

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