I'm on probation for DUI and assault 4..got pulled over for having my blinker on the other night. They don't automatically turn off. Cop assumed I had been drinking I denied... he asked if I would perform a field sobriety test... I denied... he ended up citing me for DWLS in the 3rd.... and then impounded my car, I took a taxi home. Does that mean I didn't get charged with a second DUI? Why didn't he arrest me if he suspected me of drinking? Would he have to cite me ?
When the officer submits his report to the prosecutor, they can file additional charges (DUI) if they think the evidence supports it. But based on what you have said here, it certainly does not sound like it could happen here. If the officer thought you were DUI, you'd know.
If you didn't do any roadside tests OR the portable breath test OR the BAC normal breath test at the station OR blood test by consent or warrant then it doesn't sound like the State would have enough to charge you with a DUI.
You are probably not at risk for an additional DUI, however if you are on probation for DUI the DWLS 3 is a serious issue. Normally, DWLS 3 is not a very big deal, but when you took the DUI you agreed not to drive without a valid license or insurance. The statute puts a 30 day jail sanction in place for violation. You need to talk to a lawyer.
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