Can I be convicted of DUI if I was at my home at the time of the arrest and did not admit to being intoxicated at the time of the accident?

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Can I be convicted of DUI if I was at my home at the time of the arrest and did not admit to being intoxicated at the time of the accident?

I ditched my wife’s car after having a couple drinks. I called the police to report the accident and was arrested at my own residence 3 hours after the incident because I was intoxicated at home. They suspected that I had been drunk at the time of the accident. I also was not read miranda rights until i had arrived at the jail not before being questioned about the incident at my home. Can I be convicted of DWI?

Asked on August 19, 2012 under Criminal Law, Michigan

Answers:

Timothy Klisz / Klisz Law Office, PLLC

Answered 11 years ago | Contributor

You can certainly be convicted by a jury if the prosecutor proves you were driving drunk at the time of the accident.  Your facts are more tricky than most, so you may have a better shot at a deal, but it won't be dismissed, that is almost a certainty.


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