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My friend was arrested for a DUI after they were already home and was never given a breathalyzer test. Can they charge him still

Bloomington, IL |

My friend was followed by someone while driving home from work. After he was home for about 20min the cops showed up and arrested him for a DUI. But he was never drinking and they never read him his rights. They only gave him a field sobriety test and never gave him a breathalyzer test or a blood test after he was at the station. Can they still charge him with a DUI?

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Attorney answers 3


They can still charge him. Whether they'll be able to convict him, well that's another matter. Have your friend contact the McLean County Bar Association for a list of attorney's that concentrate in DUI defense. Best of luck & hope this helps!


They can charge him, but it sounds like they have a pretty weak case.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.


Given the way you have described the facts, they can charge him, but they may not be able to prove him guilty at trial. Of course, I expect that the officer's description of what happenned will be less favorable than the defendant's own version. A weak lawyer can plead anyone guilty. But a strong lawyer is normally needed if someone wants to fight or win a case.

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