Posts Tagged ‘04 breathalyzer fighting without lawler’

Can I still be charged a DUI without being arrested

Posted on April 21st, 2010 by Dario  |  2 Comments »

Can I still be charged a DUI without being arrested? Is it worth fighting?
Hi, I am 19 years old. Recently I was pulled over for going down a one way out of a dorm parking lot, which is understandable. This happened because I was not familiar with the city and especially at night. Since I was going down a one way the police officer assumed i was very intoxicated and I had been around drinking earlier. He asked me to get out of the vehicle and give me the field sobriety tests, which as far as I know I passed with flying colors (in my eyes).

Afterwords he told me that he was still going to be Breathalyzer because he could smell alcohol, so i agreed and blew into the portable Alcohol Breathalyzer blowing a .04, .02 is the legal limit if you’re under 21. He then ticketed me for going down a one way, and also for a DUI. My car was towed because i didn’t want to contact any of my friends in case they had been drinking as well. The police officer then let me walk away from the scene as he drove off. Now, looking back on it my question is shouldn’t the officer have taken me to the police station for an official Alcohol Breathalyzer or blood test? Should this be something I should be fighting in court?

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