Who knows? If you are questioned by the police, refuse comment and exercise your right to remain silent and retain a criminal defense attorney to further advise you. A 2nd DUI can have significant impact on your insurance rates.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
You may very likely still be charged if you haven't been already. Did the police "cite and release" you? Did they give you any documents? Did they take your blood?
If they took your blood at the hospital, that is a good indication that you may be charged for DUI.
If they charge you, you will likely be appointed a public defender. You can also retain your own lawyer. I highly recommend that you use a lawyer to help you in these proceedings.
Just because you were not taken to jail does not mean you are not or will not be charged. Do you recall seeing police at the hospital? Did they get someone there to do a blood draw? If so, then they are probably going to charge you and they may be waiting for the test result.
Be sure that your address is current with the DMV because if the address on your license is incorrect, you might not get a summons in the mail and if you miss a court date you will get a warrant.
Since this is possibly your second DUI, I urge you to find a good DUI lawyer who will give you a free consultation.
This answer is my personal opinion, offered for informational purposes only. It is not a legal opinion, nor is it legal advice, nor does it create an attorney-client relationship with anyone reading it.
I also strongly suggest that you not openly discuss this accident on Facebook or Twitter since it could be used against you later on if you are charged. Consult with a criminal defense attorney in your area as soon as possible.
Yes, you still could be charged in this incident. There are a lot of variables at play here. If the police were at the hospital, if blood was taken, and other details of the incident need to be clarified.
If you are charged with a 2nd DUI, the penalties and punishment are fairly severe. Seek out a DUI or Criminal Attorney in Tucson and talk it through with him. Many offer free consultations and you can get a better idea of what may be on the horizon.
If you are contacted or arrested by the police, take advantage of your right to remain silent, they are not your friends. The police will use anything you say against you and build a case against you. Do yourself a favor and keep quiet!
If you would like to further discuss this case, I have a Tucson office and would be happy to go through it with you.
I hope that you found this to be helpful.
Parker Evan Bornmann
The Bornmann Law Group, PLLC
2 East Congress, Ste. #900
Tucson, Arizona 85701
Contact me directly at 480-263-1699 for a free (1 Hour) consultation. I have law offices conveniently located in Mesa, Glendale, and Tucson, Arizona. You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information. http://www.bankruptcy-az.com
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