Can I still be charged if I was not arrested for DUI? 16 Answers as of November 05, 2013

I was pulled over for speeding and was mildly inebriated. According to the officer, I passed the FSTs, however a bit shakily, and I blew a .062 on the breathalyzer. He did not arrest me, however, he did inform me that he could if he deemed that I was incapacitated. He cited me for the speeding and also for out of state plates and license (which I'm contesting in court, since I'm a student), and let me go. Rereading my citation, there is no mention of the impaired driving incident. Basically, I'm paranoid that when I appear in court, the impaired driving will be brought up and somehow I'll be arrested or charged on the spot. Is that at all possible?

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Law Offices of Eric J. Bell | Eric J. Bell
You could still be charged with a DUI, although I think it is unlikely. To protect yourself, you should hire an experienced DUI lawyer to appear in court with you.
Answer Applies to: Illinois
Replied: 11/5/2013
Nichols Law Firm
Nichols Law Firm | Michael J. Nichols
You can still be charged.
Answer Applies to: Michigan
Replied: 11/1/2013
The Houser Law Firm, P.C.
The Houser Law Firm, P.C. | A. Bowden Houser
Yes, you could be but is is highly unlikely. In North Carolina there are two ways you could be found guilty 1.) Blowing .08 or higher or 2.) If the officer can prove you were 'appreciably' impaired. Mildly inebriated could very well qualify as appreciably impaired. Count your blessings the officer gave you quite a break so don't go to Court and be a dick about the plates and license being a student doesn't exempt you from being required to get a license and registration within 60 days of moving to NC.
Answer Applies to: North Carolina
Replied: 10/30/2013
Law Office of Thomas C. Phipps | Thomas C Phipps
You can be charged any time within the statute of limitations period. I would think that a judge would not have you arrested if you didn't have notice of any additional charges, but you may want to have an attorney on retainer just in case.
Answer Applies to: Missouri
Replied: 10/30/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
They will probably not add any drinking charges. They would have taken you in and done more tests if they were going to do so.
Answer Applies to: Michigan
Replied: 10/30/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You can be charged with DUI at anytime up to two years.
    Answer Applies to: Georgia
    Replied: 10/30/2013
    Law Office of Robert E McCall | Robert McCall
    Anything is possible but I feel unlikely given the facts you described.
    Answer Applies to: Florida
    Replied: 10/31/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    The charges could be amended to include DUI. However, because you were released, it is doubtful that you will be arrested when you appear in court.
    Answer Applies to: Washington
    Replied: 10/30/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Doubt it would result in additional charges.
    Answer Applies to: Nebraska
    Replied: 10/31/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Based upon the facts you relate, I would say no, it is not possible for the officer to now charge DUI. He would have the fact that he let you go to answer for.
    Answer Applies to: Minnesota
    Replied: 10/30/2013
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    It is possible but unlikely in MN. If you tested under .08 and you never took an intoxilyzer it is hard to proceed but not impossible. If you do get charged at court get a continuance and speak with an attorney as soon as possible.
    Answer Applies to: Minnesota
    Replied: 10/30/2013
    Hudson Bair | Hudson Bair
    Assuming you are over 21 you were not above the legal limit nor were you arrested, you should be fine on the DUI charge. If you are living in California you have to get a driver's license within 15 days of relocating here even if you have no intention of making it your residence.
    Answer Applies to: California
    Replied: 10/30/2013
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    Retain an attorney.
    Answer Applies to: Georgia
    Replied: 10/30/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Retain an attorney and explain all of the details, generally, if you were going to be charged with OUIL or OWI you would have been arrested on the spot. It is doubtful they will try to bring the charge now, and with an attorney representing you it should not be admissible in the other cases. If you are in Michigan you are welcome to call 586-778-0900 to engage my firm, and with additional information. and intended solely for the intended recipient(s). If you are not the named recipient you should not read, distribute, copy or alter this email. Any views or opinions expressed in this email are those of the author and do not represent those of the company. Warning: Although precautions have been taken to make sure no viruses are present in this email, the company cannot accept responsibility for any loss or damage that arise from the use of this email or attachments.
    Answer Applies to: Michigan
    Replied: 10/30/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes you can. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
    Answer Applies to: California
    Replied: 10/30/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It is possible but not likely from the facts you described. They would need some evidence of impairment or that your BAC was over the legal limit. Theoretically, they can always bring charges as long as they are within the statute of limitations, which is six years for a DUI.
    Answer Applies to: Michigan
    Replied: 10/30/2013
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