What You Need to Know About Being Pulled Over for a DUI but not Charged
You can get pulled over and possibly arrested for a DUI (driving under the influence) without facing charges. Waiting for a charge or dismissal can often be confusing or unsettling. Here’s everything you need to know about getting pulled over for a DUI but not being charged.
When a police officer pulls a person over for a DUI but does not immediately make a charge, the officer refers the case to the district prosecutor.
Driving Under the Influence
According to the United States Code of Federal Regulations, a DUI (driving under the influence) occurs when a driver operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08 grams per 100 milliliters of blood. Several types of DUI charges and penalties exist depending on your BAC level, status as a first-time offender, collateral injuries to other individuals, refusing a blood or breath test, etc.
Related: How to Avoid Jail Time for a DUI in Texas
After Being Arrested
A DUI arrest likely occurs after a field sobriety test or breathalyzer. In most cases, an individual pulled over and arrested for a DUI faces at least one night in jail. The officers involved will conduct paperwork to process your case.
Being Released from Jail
A local police station may release you from jail within a few hours or days, but your release does not mean you did not receive a DUI charge.
Suppose your arresting officer referred your case to the district attorney where the DUI occurred. At this time, the prosecutor is analyzing the evidence and compiling a case against you. In that case, the prosecutor could take some time (anywhere from a few days, a couple of months, or up to two years) to formally charge you with a DUI.
Related: How to Expunge a DUI in New York
Waiting for a Charge
Having a DUI lawyer track the progress of your specific case is crucial to ensure you do not overlook anything important. If the prosecution fails to promptly submit a complaint to the court, you will be eligible to file a petition for factual innocence.
A DUI case will be dismissed within one year of an arrest unless it is a felony DUI charge. A felony DUI charge occurs when the individual has three prior DUI charges or injured/killed another person during the DUI.
Next Steps
If you were arrested for a DUI and are awaiting a charge, you should contact a DUI defense attorney to discuss the possible charges against you and explore ways to get the charges dropped. You should also keep a close eye on your mail and ensure the mailing address on your driver’s license is up to date. You must avoid criminal activity during this waiting period.
FAQs about being Pulled Over for a DUI but not Charged
How can I get released from jail after a DUI arrest?
You can get released from jail after a DUI arrest in two ways.
First, you can get released on your own recognizance (O.R.), where you will get released within 24 hours of your arrest after completing all tests and paperwork necessary at the jail.
Second, you can get released from jail once posting bail. Bail is a monetary agreement to appear for court hearings.
If you have prior charges or are a second/third-time offender, you will unlikely get released on your own recognizance and may need to post bail.
Does a DUI arrest show on my criminal record?
An arrest will not appear on your criminal record unless you have an official charge or conviction.
Why may a prosecutor decide to dismiss a DUI charge?
A prosecutor may dismiss a DUI charge for many technical reasons. Examples include a breathalyzer test not conducted correctly or the lack of probable cause to stop your vehicle. If you want more information about your specific case, contact a DUI attorney.
Contact Us
If you or a loved one would like to learn more about being Pulled Over for DUI But Not Charged, get your free consultation with one of our Criminal Defense Attorneys today!