Skip to main content

Can I be charged with a DUI/DWI? What will happen next?

Monrovia, CA |

I got into a car accident 2 weeks ago. It was early morning and I was tired because I suffer from sleeping problems. A car swerved into my lane, and to avoid from hitting them, I hit a wooden utility pole. The airbags deployed and front bumper was damaged. The cops came and breathalyzed 2-3 times and I blew 0.00 every time. However, they were unconvinced that I wasn't "on something" and even proceeded to ask my friend at the scene whether or not I did drugs through the span of our friendship. They wrote me for an "unsafe turn" infraction traffic ticket and let me go home. I am concerned with the fact that I may be falsely charged with DUI/DWI, and with the fact that I cannot seem to search up my case for the traffic ticket online anywhere.

+ Read More

Attorney answers 6


Highly unlikely with your 0.00 BAC, however, spend a couple hundred bucks for a local traffic court lawyer to fight the ticket.

Only 29% Contingency Fee! Phone: 215-510-6755


Doesn't look like you could be charge with DUI for the crash based on those facts. I would also suggest getting a traffic attorney to fight the ticket.

Call for a free consultation at 727-937-1400 or visit us on the Web at


I'm not sure of the success of fighting the ticket since there is no other party involved to help prove the claim that they swerved into your lane. I agree it's not likely you will be charged with DUI. You would have been arrested at the scene. Good luck.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


Based upon the facts you set forth, I would not think so, but, you should consult a local attorney.


If they did not do any blood test, it is highly unlikely that you will be charged with a dui/dwi/owi/drunk drivivg/drugged driving.

Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.


This shouldn't be a concern. Show up with your passenger witness to contest the ticket - it will be highly unlikely the police will be able to prove their case beyond a reasonable doubt if you have a credible witness

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer