How long can you be detained on suspicion of DUI without charges being filed against you?
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How long can you be detained on suspicion of DUI without charges being filed against you?
My fiance and I went to CO to pick up his son. After picking him up we made a wrong turn so decided to turn around. We stopped and began the turn when 3 cops pulled us over. They gave my fiance field sobriety tests which he passed. They then came to the car to inform me that they smelled drugs in the car. I told them to search the car or get police dog to sniff it but they refused. They then took him to jail for a urine test. They are stating the urine test will take 2 weeks to get back and they are holding him under suspicion. They have no evidence.
Asked on July 16, 2011 under Criminal Law, Indiana
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
When a person is stopped by law enforcement for a possible crime such as drunk driving in your situation, there must be probable cause fo the detention. Probable cause is a situation where a reasonable person based upon the facts of the situation believes that a crime has occurred.
The detention or stop has to be reasonable in time given the circumstances for the detention.
It seems that since your fiance' has not yet been charged after a period of two weeks post urine test for alcohol presence, then most likely he will not be charged. He did pass the field sobriety test. He apparently was not jailed and charged.
If your fiance' had no alcohol or other illegal drugs in his system when he was pulled over by law enforcement, then from what you have written it seems that he will not be charged for driving under the influence.
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