I was in a accident. My breaks failed on me and collided with another car. Police came and ask if I was drinking. I told him no at first and he said i was lying and i told well i had a little bit. He didn't give me a alcohol test or anything and told me to have someone pick me up and go home while he finished up the report. Will i be convicted of DUI or DWI and what would/could happen to me.
2007-11-27 02:18:56 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If you weren't arrested or charged with a DUI you can't be convicted of it.
2007-11-27 02:26:07 · answer #1 · answered by Anonymous · 4⤊ 1⤋
First of all, sorry you had an accident and this happened. You really need to get a good attorney and arm yourself with some DUI facts/laws if you are concerned.
You have to be charged before you can be convicted, so if you have not been charged with a DUI yet, sit tight, as you may be okay. You didn't mention whether you received a ticket for the accident?
The best place on the Internet for DUI information is this:
http://www.totaldui.com
It has articles and lots of information about what to do if you get a DUI. It even has state-by-state legal info and a blog about DUIs.
It doesn't help that you were in an accident and admitted you were drinking but if you didn't take a breath test, that's really good and can work in your favor. That's why you need an attorney.
Check out that website for more info. It can help you and at a minimum, ease your concerns about the process and what can happen.
Good luck to you.
2007-11-30 00:07:26 · answer #2 · answered by Lively 4 · 0⤊ 0⤋
From what you said, you were not charged with DUI or DWAI.
However, the cop will probably note your use of alcohol as a factor bringing about the accident.
So, what could happen is that (1) your insurance might not defend the injury/property damage case, (2) it might not pay the damages and (3) it will almost certainly be non-renewed, if not cancelled sooner.
But at least you did not get arrested for DUI, which is a small blessing.
2007-11-28 04:33:23 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You will not be convicted of DUI without evidence. You most likely will not be charged with it either. You will be stuck paying extra for your insurance for a while because of the accident, but that is pretty much as far as it should go. DUI is a bit difficult to prove after the fact.
2007-11-27 02:24:23 · answer #4 · answered by fangtaiyang 7 · 0⤊ 0⤋
Yep. There are tests other than breath tests or blood tests. The officer can testify in his professional and expert opinion you were driving under the influence. The fact that you said you had been drinking can be admitted as evidence.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-11-27 02:29:20 · answer #5 · answered by scottclear 6 · 0⤊ 0⤋
Dude you blew a .21 and wonder if you can get out of it. You musth ave been pretty ripped, That;s over twice the legal limit in most states. How were you able to drive? You are going to have to prove the breathalizer was faulty. There are strict requirements on how the machine must be maintained and tested periodically. If they failed to properly test the machine, You shall be free
2016-05-26 02:46:44 · answer #6 · answered by ? 3 · 0⤊ 0⤋
If he testifies that you we're noticeably intoxicated or smelled alcohol that yup. You can be under the influence of many substances and get a DWI. Not just alcohol.
2007-11-27 02:26:00 · answer #7 · answered by Jerbson 5 · 1⤊ 0⤋
You could be convicted. You goofed up by admitting to drinking. Because of your own admission, they didn't ***need*** to give you a breathalizer!!!
If you are convicted, you may be ordered to pay a fine, attend AA meetings, have your license suspended or restricted, jail time, community service, or any combination of these.
2007-11-27 02:30:10 · answer #8 · answered by Shell Answer Man 5 · 0⤊ 1⤋
If they take you to court then being as you had no test, tell the judge that you thought the policeman was also under the influence. Neither can be proven, so you walk away a free man.
2007-11-27 02:24:48 · answer #9 · answered by Mike T 5 · 1⤊ 3⤋
WILL you? Who knows.
CAN YOU? Absolutely, since you admitted to having been drinking.
2007-11-27 02:25:01 · answer #10 · answered by hexeliebe 6 · 2⤊ 0⤋