Legal Question in DUI Law in Colorado

Charged with a DUI without being arrested

Can you be charged with a DUI without being arrested? A friend was stuck in the snow - cops came and said they smelled alcohol. Had her take a field and portable breath test, registered .1. She declined to take the chemical or blood test. They towed the car out of the snow (and to the impound) and let her go without arresting her. Can they charge her for a DUI and revoke her license without arresting her?


Asked on 1/01/07, 3:34 pm

1 Answer from Attorneys
Clifton Hypsher Hypsher & Assoc., LLC

Re: Charged with a DUI without being arrested

Many people confuse being arrested with being taken into "custody." You don't need to be taken into custody (to jail) to be "under arrest" for the purposes of being charged with DUI.

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Answered on 1/02/07, 12:09 pm


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