Potential Dui Charge Concerns

Summary

In Virginia, admitting to drinking and driving can be used against you in court, but without a breathalyzer or field sobriety test, substantiating a DUI charge is difficult. Prosecutors can file charges later if they find sufficient evidence. If your sister mentions your drinking and driving in court, it could trigger an investigation. Always consult a lawyer if contacted by law enforcement or a prosecutor.

Full Conversation

On Sunday morning at * am the police showed up on scene near my sister and I. We had a physical altercation in the car after being at a bar and drinking. I drove us but pulled over after the fight and knowing that this was not a good idea to drive. The police came on scene (unsure of who called), and I was cooperative and explained that I had been drinking before I drove us to this location where I then pulled over. I asked them if I was getting charged with a DUI and they said no because I wasn't anywhere near my car when they showed up. They arrested my sister for being a predominant aggressor (which is annoying because we were just fighting). I am wondering if I am at risk for getting charged with a DUI because I admitted to drinking and driving, even though they said that they weren't going to charge me with a DUI and they also didn't do a field sobriety test or a breathalyzer
Hello ****. Based on your situation, here are a few key points:
- In Virginia, admission to an officer of drinking and driving could potentially be used against you in court.
- However, without a breathalyzer or field sobriety test, it may be difficult for a DUI charge to be substantiated.
- It's also important to note that the decision to charge is ultimately up to the prosecutor.
Remember, this is general advice and it's always best to consult with a lawyer.
I am not being charged with anything right now, nor have I been booked or arraigned
Thank you for the information, ****. If you're not currently being charged, it's less likely that charges will be brought up later. However, it's not impossible. If contacted by law enforcement or a prosecutor, you may want to consult with a lawyer.
Why would they do that after the fact
Prosecutors can decide to file charges after an initial incident if they believe they have sufficient evidence to do so. This could be due to further investigation, newly discovered evidence, or a change in the circumstances. It's less common, but not impossible.
But there isn't a prosecutor right now
Even without a current prosecutor, charges can still be filed later if a prosecutor is assigned and believes there's sufficient evidence. Consult a lawyer if contacted about this matter in the future.
So i just have to live my life in fear that the police will do that to me?
While it's natural to be worried, remember that charges are usually filed when there's substantial evidence. In this case, no field sobriety test or breathalyzer was done. However, if you're contacted about this matter, it's advisable to consult a lawyer.
yeah nothing was done to prove that i was drunk except me saying that I had drank before driving. however, that doesn't prove i was above the legal limit
Indeed, ****, your statement alone might not be enough to prove you were above the legal limit. Still, having admitted to drinking and driving could potentially be used against you. If you're contacted about this, seek legal counsel.
they didn't show up to the scene for drinking though they showed up for a domestic case
That's an important detail, ****. The police were there for a different matter. However, remember that your admission of drinking and driving could still potentially be used against you. Do you need advice on the domestic case as well?
what if my sister mentions at her arraignment that i had been drinking and driving? i am trying to get her case thrown out
Your sister's statement could potentially have legal implications for you. Here are some important points to consider:
- Her statement could be used as evidence if authorities decide to investigate your case further.
- It's crucial to consult with a lawyer if this situation arises.
- Remember, this is just general advice. Always consult with a legal professional for specifics.
she was drunk though as well
I understand your concern, ****. Do remember that the state of intoxication might affect the credibility of her statement. However, if she mentions this in court, it could potentially prompt an investigation. It's advisable to seek legal counsel in such a case.
So I could get legal investigation due to her mentioning this in court? At her arraignment?
Yes, if your sister mentions this during her arraignment, it could potentially trigger an investigation into your situation. It's always best to consult with a legal professional if you find yourself in such a scenario.
How would that work?
If your sister mentions in court that you were drinking and driving, it could potentially lead to an investigation. They may review the police report, consider your admission at the scene, and any other evidence. If there's enough evidence, charges could potentially be filed. Consult a lawyer if this happens.
Oh fuck my life
I understand this is a stressful situation, ****. It's critical to remember that this is a potential scenario, not a certainty. Consult a lawyer for personalized advice. Stay positive and take it one step at a time.