What is the likelihood that the police will come back and charge me with a DUI/DWI or something else?

Asked over 1 year ago - Saint Paul, MN

In June 2013, I was got in an accident with a police officer where by brakes did not work properly and I rolled through a stop sign and t-boned him. No one was injured in the accident. They gave me a Breathalyzer where I blew a .04 but I also had smoke a little marijuana that day as well. They gave me two field test which I did ok on. They took blood from me at the hopsital where I was also questioned. I was very cooperative with them. They did not charge me for anything that night, did not put me in jail, did not take or suspend my license, and let me go home. This would also be my first offense if they did decided to charge me. Do you think they will charge me later on?

Attorney answers (5)

  1. Andrew M. Leone

    Contributor Level 20

    10

    Lawyers agree

    Answered . In all likelihood, if your blood comes back with drugs then you can expect to be charged. You will likely receive a Summons and Compliant in the mail with your initial court date. This could take a month or two. If you are charged, then you may have a good argument to have the blood result suppressed (thrown out), depending on the circumstances involved in taking the sample.

    My best piece of advice right now is to no longer post any facts about the situation online, as these posts are not protected and could potentially be used against you.

    I hope you find this information helpful. Please feel free to let me know if you have any other questions. Best of luck to you.

  2. Derek Anthony Patrin

    Pro

    Contributor Level 19

    8

    Lawyers agree

    Answered . Even if someone tests under .08, they can be charged with a DWI. If there are other drugs in your system found during the blood test analysis, the State can argue that the alcohol combined with the drugs was enough to impair your driving that day. Typically the blood test analysis takes at least a couple of weeks, and sometimes it can even take a couple of months. The State has 2 years to file charges if they really wanted to wait that long. If the officer even sustained minor injuries from the crash, you could be facing serious felony charges as well. I know you mentioned that nobody was injured, but sometimes the medical issues crop up afterward. I would be surprised if the State didn't charge you with something given that the other vehicle was a police officer. The City of St. Paul is really backed up with their charging right now. I have two clients waiting to be charged and their cases are much older than yours.

  3. Douglas Troy Kans

    Pro

    Contributor Level 10

    8

    Lawyers agree

    Answered . If you are saying June of 2013, then you are still within the statute of limitations for potential misdemeanor related criminal charges. Quite certain they are awaiting the results of your blood test. You should be aware that there are some possible defenses that exist if you are charged. I would suggest reaching out to an attorney for a meeting. I attached a link for a little more information that me be helpful to you. With regard to marijuana, it is not enough that it is in your system for it to result in a conviction. The prosecution must prove you were under the influence at the time of driving.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  4. Tricia Dwyer

    Contributor Level 19

    7

    Lawyers agree

    Answered . Hello. You may well be charged after the blood results are returned. You should not post details on this public website as your statements may be used against you. You ought to confer privately with an attorney right away: The attorney likely will advise you to take multiple proactive steps immediately, to improve your situation in the event you are charged. Also know that DWI-DUI law is evolving at this time due to a recent important Supreme Court case, and for that reason alone it is important you have attorney counsel right away. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

    Tricia Dwyer, Esq., Criminal Law, Rule 14 Qualified Neutral, Minnesota Supreme Court Roster Mediator, Tricia Dwyer,... more
  5. Ethan Patrick Meaney

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . June of this year or last year?

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