Legal Question in DUI Law in Pennsylvania
I'm unsure as to whether or not I have been charged with a DUI. Any help is much appreciated.
I'm sure the easy answer to this question would be, "If you're not sure it probably means you have been" and that's pretty much what I'm expecting but I'd like to explain the situation a bit and see if anyone thinks differently. I apologize if this is a bit long and sincerely thank anyone who reads the whole thing.
This past Sunday (superbowl...go figure) I was drinking rather heavily with two close friends because I had all intentions of sleeping there, at their apartment. One friend went to sleep and we decided to try and wake him up to continue to drink with us. That was a bad idea, as he does not take lightly to that and has had issues in the past with violence after being woken up. We all (myself, his brother, and him) were all heavily intoxicated and have varying ideas as to how the situation played out exactly. Anyway, a fight quickly ensued and I was kicked down a flight of stairs which caused my head to crack open and was struck multiple times afterwards before he kicked me out of the apartment without my phone. Rather than sleeping in my car in his parking lot, which would have been my best option at that point, I ended up waking up to police and paramedics passed out bleeding in a nearby gas station parking lot. I'm not sure if I tried to drive to a hospital or what but I drove and that's what counts.
Everything surrounding the physical altercation and everything surrounding the police encounter is very hazy to me. I'm not sure if it was the alcohol or the combination of the alcohol and a head injury but I remember being in and out of consciousness. What I DO remember is that I respectfully refused to incriminate my friend at the time or provide the address of where I was coming from, mainly because I did not know what was going on or what happened, at that time. I would have done things differently had I been more coherent. I'm not sure if I was breathalyzed and I was not arrested but was brought straight to the hospital via ambulance. I woke up hooked up to an IV and although I don't recall being asked for a blood sample I can only assume that one was taken but am not sure.
I left the hospital unsure if DUI charges were going to be filed with my regular plastic (not a temporary) license in hand. Personally, I feel as though I should be expecting something in the mail but I am unclear as to how to go about finding out what is going on aside from just waiting. A few friends more familiar with the area and the police department in that area are somewhat convinced that I was viewed as a victim and because I had pulled over, I may have gotten lucky with no charges being filed. I'd honestly be surprised if that were the case. Is that even possible? Is there any way to find out without "poking the bear", per se?
Should I seek an attorney NOW or wait until I receive something in the mail. Money is a HUGE factor. I never expected to be charged with anything in my life, let alone a DUI.
Thank you again for your time.
1 Answer from Attorneys
Your medical records can be used to charge you with a DUI. A Subpoena can be issued for your blood results from the hospital. If this happens you will receive paperwork in the mail with the charges and a preliminary hearing date. Call my office if you receive this paperwork. 215-240-7565