Can I still get a DUI after getting my license back? 23 Answers as of June 12, 2013

I crash into a pole and it was just me in the car. I don’t remember them taking any test. They did ask me if I was drinking and I replied I had one beer. They just took me to the emergency room. Blood was taken out in the hospital. I was never given a report and the nurse gave me back my license the next day. I called the police station and they gave me a report number and told me it will be ready in ten days.

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Law Office of Robert Sisson | Robert Sisson
Sure. You have a lot ahead of you and sometimes it seems like an extreme uphill battle. You need an attorney.
Answer Applies to: Wisconsin
Replied: 9/28/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
It does not appear that you have been arrested for DUI. I would secure a copy of the accident report and take it to your attorney. Do not push for an answer to this one as to whether you are going to be arrested for DUI. Likely, your license was not suspended on account of this and if you do not have your driver's license consider going to the driver's license office and getting a replacement.
Answer Applies to: Alabama
Replied: 9/26/2012
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
Yes. You will get charged pending the blood test reports. Get an attorney as soon as you you get charged and speak to no one else.
Answer Applies to: Michigan
Replied: 9/26/2012
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
You can be charged with DUI even if you you have been physically given your license back. I would also urge you to contact and attorney skilled in litigating DUI cases.
Answer Applies to: District of Columbia
Replied: 9/26/2012
Steven Alpers | Steven Alpers
It is possible, it depends if they placed you under arrest and withdrew the blood properly for a blood alcohol test i.e. not an alcohol swab.
Answer Applies to: California
Replied: 9/26/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Although it is possible for the police to arrest you after determining from the blood tests whether you were under the influence or not, if you only had one beer, no drugs within the prior 30 days, you probably will not be charged with DUI
    Answer Applies to: Illinois
    Replied: 9/26/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    The nurse gave you your physical license. That does not mean your driving privileges were not suspended. Your blood will be tested. If the blood reveals more than .08 BAC, then you will be charged for DUI.
    Answer Applies to: Georgia
    Replied: 9/26/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Yes, the fact that you were given your license card has no bearing on DUI charging. It is common for testing a blood sample to take ten or more days. You will not be charged until the result comes back.
    Answer Applies to: Minnesota
    Replied: 9/26/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Yes.
    Answer Applies to: Washington
    Replied: 5/22/2013
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If the blood test comes back higher than .02 BAC you can be charged with DWAI or DWI. Your license will be taken at arraignment.
    Answer Applies to: New York
    Replied: 9/25/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    If the blood test from the hospital shows a blood alcohol level over .08% you will be charged with OUI. I am assuming that you are 21 or older. If you are under 21, then anything over .02% blood in your system will be grounds for the OUI.
    Answer Applies to: Massachusetts
    Replied: 9/25/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Yes they can. The police and prosecutor will likely make the decision based on the results of the blood test.
    Answer Applies to: Utah
    Replied: 9/25/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Yes you can depending on the results of the blood test.
    Answer Applies to: Washington
    Replied: 6/12/2013
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    The police have a years from the date of the accident to charge you with dui, once they have the test result back.
    Answer Applies to: New Jersey
    Replied: 9/25/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Yes. In Nevada the prosecution has one year to bring DUI charges.
    Answer Applies to: Nevada
    Replied: 6/12/2013
    Prater, Duncan & Craig, LLC
    Prater, Duncan & Craig, LLC | John D Duncan
    Yes, depending on the results of your blood test, you could be charged with a DUI after getting your license back. Police take your license during a DUI typically, when you refuse to take the state administered test. Officers do this based on implied consent laws, which state that your license is conditional upon taking an alcohol test if you are suspected of DUI.
    Answer Applies to: Georgia
    Replied: 9/25/2012
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Yes.
    Answer Applies to: California
    Replied: 5/22/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Of course. Getting your license back has nothing to do with whether your will be charged with a DUI. Keep your fingers crossed and hope the blood comes back low. In the meantime, you have only 10 days to save your license. Contact a DUI specialist ASAP.
    Answer Applies to: California
    Replied: 9/25/2012
    Eutsler Law Firm | Robert W. Eutsler
    Yes. Because you were not arrested at the hospital, and because the results of the blood alcohol level won't be known until the lab work is finished, they gave you back your license. If the lab comes back with a high enough concentration of alcohol, you can be charged with DWI. Did you receive a document entitled Temporary Driving Permit? If so, give me a call. You have only 15 days from the accident date to take action.
    Answer Applies to: Texas
    Replied: 9/25/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Yes you can, you were probably tested by blood or urine and the test results are not back yet. You should seek representation.
    Answer Applies to: Minnesota
    Replied: 9/25/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    They probably sent your blood to the crime lab which takes a couple months to analyze. If the results are above the legal limit they will inform you of a warrant for your arrest.
    Answer Applies to: Michigan
    Replied: 9/25/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You'll just have to wait and see if you get charged.
    Answer Applies to: New York
    Replied: 9/25/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    Yes you can. You should contact an experienced NH DUI attorney to represent you in this case.
    Answer Applies to: New Hampshire
    Replied: 9/25/2012
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