Can you be cited for a DUI after the fact if you were not arrested or cited for any traffic violations?

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Can you be cited for a DUI after the fact if you were not arrested or cited for any traffic violations?

I was pulled over and the police officer requested I do some field sobriety tests. He then asked if I would take a breathalyzer test. I asked him what the consequences would be if I didn’t take a breathalyzer. He did not give me an answer but told me to go wait in my car. Several minutes later I was told I could go and not given a citation or arrested. Can I get a DUI after the fact?

Asked on August 20, 2012 under Criminal Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, under certain circumstances one can be cited and arrested for driving a motor vehicle under the influence of alcohol and/or a controlled substance at a period well after the incident happened.

From what you have written, the refusal to take a breathalyzer test could result in an automatic suspension of your driver's license. However, from what you have written, since to actual test results were performed as to your blood alcohol level, I doubt that you will be charged with a DUI.


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