Can I later be charged with a DUI/DWI in a collision if the BAC test was not on the police report or on my ticket?

UPDATED: Feb 19, 2012

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Can I later be charged with a DUI/DWI in a collision if the BAC test was not on the police report or on my ticket?

BAC: .09 (tested 1 time); told it was just to see if I needed to go to the hospital. Charged with no insurance (I have insurance but 1 of the 2 insurance coverages lapsed and I did not get a new tag). Charged with: “Driving without caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger persons or property”. Was not cuffed and was allowed to walk home. On the police report , there is an affirmative Phys condition: normal narrative in the police report only describes the actual accident. Speed: 40/25.

Asked on February 19, 2012 under Criminal Law, North Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is always the potential that you can be charged by law enforcement later on for driving under the influence of alcohol or a controlled substance if the blood alcohol test results were not in the police report at the time of your ticket. Possibly law enforcement's report as written based on subjective criteria may cause the district attorney's office to refile charges against you. If you have not been charged with a DUI by now, the chances seem remote that you willbased upon the facts of your question in my opinion.

The possibility of a DUI charge at this time is entirely in the hands of the district attorney's office at this time.

I recommend that you consult with a criminal defense attorney about the matter you are writing about as a safeguard against a possible DUI charge against you.

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