Drunk driving and Dui law
My son has 1 DUI on his record, he was pulled over for speeding and the officer asked him to take a breathalizer test. He said he would but would like to contact an attorney first. They brought him to lock up where he tried to contact an attorney and left a message, noone contacted him. he was told he must wait in jail until Monday when a judge could set bail but on Saturday morning a Judge reviewed his case and said there was non sufficient evidence to hold him. Is he now not going to be charged or are there ways they will still try to charge him even though he did not take a test?
2 Answers from Attorneys
Re: Drunk driving and Dui law - weekend jail release
It's difficult to answer with so little information. Based on what you wrote here, my guess is that he was released from jail to make room for others in the jail; and, that he will be charged with DWI- test refusal crime.
Re: Drunk driving and Dui law
It is difficult to answer your question without knowing more about the case.
First, if your son was charged, the Judge cannot dismiss the charges in a bail review. The Judge may only set conditions of release. You must make sure that your son was not charged and has no pending hearings.
Second, your som may certainly be charged subsequently if the prosecutor believes that there is sufficient probable cause to do so. If that occurs, you should hire an experienced lawyer to review the case including any reasonable suspicion for seeking a breath test in the first place.
For a consultation call 612.240.8005 or visit dwicounsel.com
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