Why did my drivers license get mailed back to me after I was jailed for DUI while standing on the side of the road? 5 Answers as of January 03, 2013

I witnessed a car accident and the cops showed up. They said that I smelled like I had been drinking and he said I told him I was driving so he asked me to blow. I said no. He took my ID then took me to jail. About 2 weeks later my ID comes back to me in the mail. my question is why did my drivers licence get mailed back to me

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Burdon and Merlitti
Burdon and Merlitti | Adam Van Ho
I have no idea why they mailed back your driver's license, but I'm guessing that they did so because they did not decide to charge you for DUI. I would recommend watching your mail for the next few weeks to make sure you do not receive a summons, but it sounds like you might have avoided a possible charge of DUI.
Answer Applies to: Ohio
Replied: 1/3/2013
DeVito & Visconti, PA
DeVito & Visconti, PA | John E DeVito
With the limited facts you have provided, I can only assume that the police took you in protective custody because you were intoxicated and a possible danger to yourself. The police in Massachusetts can hold someone who is intoxicated in protective custody until they are sober or up to 4 hours. They may have taken your license because they did not want you to drive. They mailed it back because the police had no right to hold your license. Had you been arrested for drunk driving then the police could have taken your license if you refused the breath test or failed it.
Answer Applies to: Massachusetts
Replied: 1/2/2013
Nichols Law Firm
Nichols Law Firm | Michael J. Nichols
The case has not been authorized for prosecution at this time OR you have an out of state license. At least that is my sense from what little you told me.
Answer Applies to: Michigan
Replied: 1/3/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Be aide standing by the road, even legally drunk to the point you could not drive is not a crime.
Answer Applies to: Michigan
Replied: 1/3/2013
San Diego DUI Law Center
San Diego DUI Law Center | Rick Mueller
The Department of Morons & Villains is a mystery more frequently than they'd like to admit.
Answer Applies to: California
Replied: 1/3/2013
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