No Breathilizer given, Can police charge felony drunk driving.
My boyfried was in an acident involving his motorcycle,a woman pulled out in front of him and did not see him. He dropped his bike and walked to a friend's house to use the phone. The tow truck dropped both him and the bike off at our house. We phoned the police approximately an hour after the accident to report what happened. Withinin the hour he was cleaning up his road rash he had a drink, I didn't know he had a drink, when the police came to get the report, the police officer noticed that he had alcohol on his breath. He was NOT drinking and riding before the accident, he came home and had a drink before we cleaned all the gravel out of his knee, etc. The police officer did not give him a breathilizer but informed me that ''I know he has been drinking, I do not like to be lied to.'' I told him I understand but to my knowledge he did not have a drink while he was home. (He had one in the garage before coming in to get cleaned up)I told the officer that in the 8 years we have been together I have NEVER known him to drink and ride. He said that ''that is all well and good, but he reeks of alcohol. If I find that he had been drinking he is looking at a felony''
Can he be charged with a felony w/o a breathilizer taken?
1 Answer from Attorneys
Re: No Breathilizer given, Can police charge felony drunk driving.
If no blood or breath test was taken, it is highly unlikely that your boyfriend will be charged.
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