Legal Question in DUI Law in Minnesota

I was pulled over for a DWI

I was pulled over for a DWI and I blew a .101. He never said I was getting charged or that I was getting arrested and I was allowed to drive home. I'm wondering if I can still get charged after the fact.


Asked on 7/12/09, 10:54 am

2 Answers from Attorneys

John Jesperson Minnesota Lawyers - Jesperson Law Offices

Re: I was pulled over for a DWI

Yes, you can absolutely get charged "after the fact." I am a bit confused by some of the facts, however. You indicate you blew a .101, which is significantly over the current legal limit of .08. Was this the result on a portable PBT (preliminary breath test)? If so, it is not an "official" result. Nevertheless, I am perplexed by the statement that the officer took no further action, and allowed you to drive home. Something doesn't make sense, and it is possible you are mistaken about the nature of the test, or the result. If you do get charged later, you will ordinarily receive a summons in the mail. You should contact my office if that occurs.

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Answered on 7/13/09, 12:24 pm
David Kelly-952-544-6356 Kelly Law Office

Re: I was pulled over for a DWI

I am guessing that they took a blood or urine sample from you and that they are waiting for results from the state crime lab.

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Answered on 7/13/09, 2:31 pm


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