If I got a DUI, will my PO find out?

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If I got a DUI, will my PO find out?

I was pulled over for “having a brake light out and not using a turn signal.” After giving the officer my information, and he became aware that I was under probation. He asked me to step out of the vehicle to perform a field sobriety test. I had had 3 beers that night so I might have slightly smelled of alcohol. He then performed a “penlight” test for 5-7 minutes. My girlfriend and her sister timed as they felt the officer was being over the top. He did not give me a breathalyzer and did not give me a DUI. He did though make us leave the car there even though 2 other people could have driven. He said that I had to report that I committed a DUI to my PO. Will I be cited for a DUI?

Asked on August 29, 2010 under Criminal Law, Oregon

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you feel the police officer did not administer the test properly and you were grilled because of it, absent the tow of the vehicle, you need to immediately seek the consultation of a criminal defense attorney who has experience with DUI issues and those on Probation.  If your probation prohibits you from drinking, then that violation is nothing the police officer did.  Most state laws require that the police officer have the vehicle that is the subject of a DUI be towed for the safety of the driver and pasengers of the vehicle as well as those on the road. 
That being said, you need to consider the possibility that you were not given the proper DUI tests.  If you were impaired while driving, the officer would have had to cite that as part of the initial stop.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It sounds as if you were put through the mill but that you were not formally charged with anything.  Am I correct in that assumption?  Did he even issue you a ticket for the brake light and turn signal?  I would speak with your attorney on this matter.  What violates your probation is guided by state law and the terms of your particular probation.  I am sure that drinking and driving falls under violation somewhere but you do not seem to have been charged with anything here.  Do you have a moral obligation to report the violation?  That is not for me to say. But I would caution you to place yourself in this position again. 


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