I was arrested last night for a suspected DUI, submitted to a blood test after being taken to the hospital, but the officer released me without filing any charges or giving me any paperwork. Am I going to be charged with DUI?
Being Released with No Charges
Most Centre County DUI cases and DUI cases across Pennsylvania occur in the above referenced manner. DUI charges are normally based upon whether or not drugs or alcohol are found in a person’s blood and the amounts are over the legal limits. The police do not know the levels on the night of the arrest and will only know the levels weeks later after testing is complete. That is why charges are not filed right away and often take weeks or even months to be filed.
When charges are filed, the officer normally files them with a court, and the court will mail the paperwork to the suspect through what is called a Summons. The paperwork will include the charges and a notice advising of the date and time for the first court proceeding, which is called a Preliminary Hearing. The Preliminary Hearing is basically a hearing to determine whether or not there is probable cause to justify the charges. While probable cause is a low standard of proof, obviously much lower than the bevyond a reasonable doubt standard used at trial, it is possible to have the charges dismissed at the Prelimianry Hearing. Even if the charges are not dismissed, an experienced DUI attorney may gain valuable information at the hearing that can be used in the future to file suppression motions or at a trial.
If you are charged with a DUI, you should contact an experienced DUI defense attorney for a free consultation. Centre County Attorney Jason S. Dunkle has been hadnling DUI charges since 2004 and has a record of success. For a free consultation, contact JD Law via email or (814) 689-9139.