How long can you be detained on suspicion of DUI without charges being filed against you?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

How long can you be detained on suspicion of DUI without charges being filed against you?

My fiance and I went to CO to pick up his son. After picking him up we made a wrong turn so decided to turn around. We stopped and began the turn when 3 cops pulled us over. They gave my fiance field sobriety tests which he passed. They then came to the car to inform me that they smelled drugs in the car. I told them to search the car or get police dog to sniff it but they refused. They then took him to jail for a urine test. They are stating the urine test will take 2 weeks to get back and they are holding him under suspicion. They have no evidence.

Asked on July 16, 2011 under Criminal Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When a person is stopped by law enforcement for a possible crime such as drunk driving in your situation, there must be probable cause fo the detention. Probable cause is a situation where a reasonable person based upon the facts of the situation believes that a crime has occurred.

The detention or stop has to be reasonable in time given the circumstances for the detention.

It seems that since your fiance' has not yet been charged after a period of two weeks post urine test for alcohol presence, then most likely he will not be charged. He did pass the field sobriety test. He apparently was not jailed and charged.

If your fiance' had no alcohol or other illegal drugs in his system when he was pulled over by law enforcement, then from what you have written it seems that he will not be charged for driving under the influence.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption