Do you have to get an OWI ticket right after an accident?

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Do you have to get an OWI ticket right after an accident?

I got into an accident (failure to maintain control) I did get a ticket for it, but they never gave me an OWI ticket. Plus, my car was searched. And I never received a paper stating my car was searched, what was in my vehicle, or if anything was taken by the police. I don’t even remember the officers telling me my rights.

Asked on May 16, 2012 under Criminal Law, Iowa

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you were in an accident involving alcohol or a controlled substance and you were transported to a hospital for observation and treatment, the law does not require that you get arrested immediately or receive a ticket at such time. Depending upon police investigation and test results, one can very well be arrested (or cited) for a DUI well after an accident has happened.

Thr main goal in such a situation by law enforcement is to treat the injured people as opposed to arresting or citing someone.


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