Hi
I'll try to cut a long story short.......
About a week ago, I was drinking and pulled over by the police for violating a traffic law (running a red light, allegedly) I told them I had been drinking, and was willing to perform some field sobriety tests they asked me to do. I did these, along with blowing in a PBT, twice. The officer never told me if I had failed any test, or if I had blew over the legal limit. He said that I was quite 'borderline' and he took me in, sighting that those hand held PBT's they used roadside aren't always 'accurate' and that the machine you blow in at the station was what they go by (I'm sure I passed the walk-and-turn test- I did it only once- I did the horizontal gaze test- I didn't move my head at all, even though I think they test your pupulis there too, and the one-leg-stand- in which I did, admittedly, lose my balance one or twice briefly- and with the PBT's, I believe I blew a .06 the first time- I saw him writing it down- I don't know about the second)
I agreed to go in, being totally accommodating the entire time. At the station, I blew a .07, a point under the legal limit (It had been probably an hour and a half from my last drink until the time I blew at the station). After talking with his supervisor, he said I was 'extremely cooperative' the entire time, thus, I was free to go. I was never charged, booked, saw a judge, etc. etc. I did not receive a ticket for the traffic offence either (he said he wouldn't charge me with it) The only stipulation was that my Jeep was towed and already impounded, but he stated he wasn't going to let me drive anyways, so he gave me a ride home and said I would just have to go through the process to get my vehicle out, which I did ( at a monetary fee of course ) but again, I had no problem with that, took at as a lesson learned. He stated, before he dropped me at home, that I was extremely lucky, but that since I was the 'most respectful, nicest, honest' person he has ever had in his car, I was going home free of charge.....
My concern is can I still be charged with a DUI/OWI? A friend told me that this is still possible. He said that even though I was under the limit, I can still be charged with being under the influence? Is this a common occurance?? If yes, how much time can pass before being charged with a crime? (It has been a week since the incident, is there a statute of limitations or anything for a case like this) Like I said, I don't even think I was officially 'arrested' per se, but I know there is a case and everything that had to be filed, but I'm not exactly sure how that process works either, like how it trickles through the stages, levels of law enforcement officials, etc. etc. So overall, how concerned should I be???
Like said above, I'm a pretty honest, genuine guy. And I admit I made a mistake, but thankfully didn't hurt anyone, and was actually under the legal limit. I know of all the consequences of a DUI conviction and want nothing to do with any of it....I will never drink and drive again, and I'm a man of my word. Thanks for your help.....Big D
1 Answer from Attorneys
My concern is can I still be charged with a DUI/OWI? YES
A friend told me that this is still possible. He said that even though I was under the limit, I can still be charged with being under the influence? Is this a common occurance?? NO, IT WOULD BE VERY UNCOMMON, BUT STILL POSSIBLE
If yes, how much time can pass before being charged with a crime? TWO YEARS
I apologize for "shouting", but it is the easiest way in this forum to distinguish question from answer. The odds of a charge being filed against you now are awful slim, and I would not spend any time worrying about it if I were you.
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